In a tense second round of Senate confirmation hearings on Thursday, Robert F. Kennedy Jr. reiterated his intention to rescind a controversial Biden administration rule designed to protect transgender individuals from healthcare discrimination. If confirmed as Secretary of the U.S. Department of Health and Human Services (HHS) under President Donald Trump, Kennedy would oversee policies ranging from vaccinations to reproductive care. His remarks, however, ignited widespread alarm among transgender advocates and healthcare professionals, who say such a rollback could severely harm a vulnerable population.
A Rule in Limbo
The disputed rule in question was issued under President Joe Biden’s HHS in April 2024. It was rooted in Section 1557 of the Affordable Care Act, interpreting that section as prohibiting discrimination based on gender identity. In practical terms, the rule aimed to ensure that doctors and hospitals receiving federal funding could not deny or limit healthcare services to transgender individuals solely because of their gender identity.
However, soon after its issuance, several Republican-led state attorneys general filed lawsuits challenging the regulation, arguing that the rule forced healthcare providers to conduct “gender-affirming procedures,” such as prescribing puberty blockers or performing certain surgeries. A federal judge blocked the rule from going into effect while litigation proceeds.
Kennedy, responding to a question from Sen. Josh Hawley (R-Mo.), made his stance on the Biden-era regulation abundantly clear, labeling it “anti-science” and asserting that it had “really catastrophic impacts on children” based on what he called “the most thorough meta review on gender affirming care.” While Hawley did not cite the exact rule by name, he appeared to be referring to this April 2024 directive expanding discrimination protections for transgender people in healthcare settings.
Echoes of Conspiracy
Kennedy is no stranger to controversy. Publicly known as a staunch vaccine skeptic, he attempted to walk back his anti-vaccination image during the hearing, refocusing his rhetoric on “concerns about chronic disease.” Yet, his past statements often overshadowed any clarifications he tried to make.
Throughout the session, senators challenged Kennedy about previous remarks that stretched from vaccine conspiracies to fringe theories about chemicals causing children to be gay or transgender. When Democratic Sen. Michael Bennet of Colorado directly confronted him about allegedly claiming that pesticide exposure could lead children to identify as transgender, Kennedy flatly denied it—despite multiple records of him suggesting that environmental pollutants contribute to an increase in “feminized” boys or “masculinized” girls.
Kennedy’s track record on HIV/AIDS also emerged, as senators revisited his history of disputing that HIV is the primary cause of AIDS, attributing much of the disease to lifestyle factors like the use of amyl nitrates (“poppers”). These statements have drawn widespread condemnation from medical professionals and activists, who argue that Kennedy’s skepticism toward well-established science poses a serious risk if he assumes leadership of the nation’s top health agency.
Transgender Rights on the Line
Among those most concerned about Kennedy’s statements are the transgender community, their families, and allied groups who view his appointment as HHS Secretary as an ominous development. Kennedy has repeatedly spoken out against gender-affirming care, asserting that treatments including puberty blockers and hormone therapy amount to “castration drugs” and “surgical mutilation.”
In a Twitter/X post, Kennedy wrote that while he believes “people with gender dysphoria or who want to change their gender deserve compassion and respect,” he contends that any care related to transitioning should be deferred until adulthood. LGBTQ+ advocates say these claims ignore extensive research showing that gender-affirming care reduces suicidal ideation, improves mental health, and can be essential to a transgender individual’s well-being—particularly during the vulnerable teenage years.
Alex Sheldon, executive director of GLMA, an association of LGBTQ+ healthcare professionals, voiced deep concern about Kennedy’s potential appointment, describing his views as “a grave threat to the health and well-being of the LGBTQ+ community.” Sheldon underscored that major medical organizations, including the American Medical Association and the American Academy of Pediatrics, endorse gender-affirming care as a crucial, life-saving approach for transgender youth.
“Sometimes Love Means Saying No”
Kennedy doubled down on his position Thursday. While claiming transgender people “should be respected” and “should be loved,” he contended that minors are not mature enough to make irreversible healthcare decisions. “Sometimes love means saying no to people,” he remarked, drawing parallels to laws that prevent minors from driving, drinking alcohol, or voting.
This line of reasoning resonates with a broader narrative in Republican-led states, where numerous bills have been passed in recent years restricting or banning gender-affirming care for minors. Opponents say such measures ignore medical consensus, scapegoat an already marginalized group, and incite hostility toward transgender youth.
The Bottom Line
Trump’s administration has already signaled its willingness to dismantle Obama- and Biden-era rules safeguarding transgender rights. On his first day back in office, Trump signed an executive action recognizing only two sexes and excluding gender identity, echoing the approach first taken in his previous term. Acting HHS Secretary Dorothy Fink also prioritized religious exemptions that could allow healthcare providers to refuse certain procedures on moral grounds.
For transgender individuals and their allies, the stakes are high. The looming uncertainty over federal healthcare protections, combined with active state-level initiatives to restrict gender-affirming care, has created an atmosphere of fear and anxiety. Many worry that Kennedy’s confirmation would intensify this vulnerability, making it even harder for transgender people to secure respectful, competent, and life-saving healthcare.
Healthcare experts insist that denying or delaying treatment for transgender adolescents can have long-term psychological consequences. Studies consistently show that early and appropriate care can be crucial in reducing the risk of depression and suicidal thoughts. “We cannot sit idly by when top government officials dismiss or undermine science,” said Sheldon. “In this context, disinformation isn’t just harmful, it is deadly.”
Whether Kennedy can garner enough support in the Senate remains to be seen. His critics argue that his track record of promoting conspiracy theories and rejecting well-established scientific consensus should disqualify him from a role that influences crucial aspects of public health. For now, transgender communities and their supporters can only watch, wait, and advocate for the protections they believe are essential to their health, dignity, and survival.
