Federal Judge Blocks FTC Investigations of Transgender Health Guideline Groups

On Thursday, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia issued preliminary injunctions that temporarily stop the Federal Trade Commission from enforcing civil investigative demands against the World Professional Association for Transgender Health (WPATH) and the Endocrine Society. The FTC had sought years of internal records, communications, financial data, conference materials and documents related to the groups’ transgender-care guidelines. The orders remain in force while the lawsuits proceed.

The Advocate

The FTC’s civil investigative demands were issued earlier this year as part of the Trump administration’s effort to scrutinize institutions involved in gender-affirming treatment for trans youth. While framed as consumer-protection inquiries, WPATH and the Endocrine Society argued the FTC was using its powers to intimidate organizations that support evidence-based transgender health care.

The Advocate

Judge Boasberg concluded the record “strongly suggests” the FTC’s demands were driven, at least in part, by hostility toward the groups’ transgender-care viewpoints. He called the administration’s justifications “wafer-thin” and lacking evidence, labeling the motive “viewpoint-based animus.” The opinion also noted that the probe had already caused “ongoing self-censorship and withdrawal from protected expressive activity” by the organizations.

The Advocate

WPATH said it welcomed the court’s decision, calling the injunction a safeguard for First Amendment rights. The group reaffirmed its decades-long commitment to guidelines based on scientific standards, expert consensus and patient-centered values, and expressed hope the ruling will prevent further harm.

The Advocate

• “strongly suggests that the CID was issued at least in part because of hostility toward WPATH’s viewpoint and advocacy regarding transgender care.” — Chief Judge James Boasberg

The Advocate

• “[o]n this preliminary record, with extensive evidence of animus and wafer-thin justifications lacking evidentiary support, it finds that WPATH is likely to demonstrate a causal link between its protected speech and the FTC’s issuance of the CID.” — Chief Judge James Boasberg

The Advocate

• “WPATH welcomes the Court’s decision to grant our request for a preliminary injunction against this unlawful and retaliatory investigative demand by the FTC,” — WPATH, official statement

The Advocate

• “We are hopeful that this preliminary injunction will prevent further harm to the First Amendment rights of WPATH and its members.” — WPATH, official statement

The Advocate

The lawsuits will continue in federal court. Both parties are expected to present additional evidence, and the FTC may seek to modify or lift the injunctions pending a final ruling.

The Advocate