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Children’s Hospital Colorado Avoids Contempt Finding Over Gender-Affirming Care

By Drooid · · How we work

Court Ruling and Immediate Outcome

District Court Judge Ericka F.H. Englert ruled that Children’s Hospital Colorado (CHC) complied with all court orders and therefore dismissed the contempt citation sought by families of four transgender youths. The judge emphasized that “the Court did not order CHC to provide medical gender-affirming care” and concluded that the hospital had merely stopped refusing to provide such treatment, which satisfied the injunction.

Legal Background and Federal Pressure

The dispute stems from a Colorado Supreme Court decision that found sufficient evidence that CHC had discriminated against transgender patients by suspending gender-affirming care for minors. In June, Judge Englert issued an injunction prohibiting the hospital from refusing to provide gender-affirming treatment to patients under 18. CHC responded by amending its “scope of services” to reinstate hormone therapy and puberty-blocking medication. However, the hospital’s physicians—who are employed by the University of Colorado School of Medicine, not by CHC—have not resumed prescribing the medications, citing fear of federal retaliation. The federal pressure includes statements from the Trump administration that hospitals offering gender-affirming care to minors could lose Medicare and Medicaid funding, a threat described as a “death sentence for hospitals” because it could force closures.

Doctors’ Refusal and Institutional Constraints

During closed-door hearings, doctors from the TRUE Center for Gender Diversity testified that they acted independently, not under pressure from hospital leadership. Judge Englert noted that the physicians’ refusal does not violate the injunction because the court did not order CHC to compel individual doctors to prescribe. She further wrote that “CHC is not a licensed medical provider, does not employ the medical providers who provide such care, and is statutorily barred from directing the medical providers’ independent professional judgment concerning the practice of medicine.” The judge also cited logistical barriers to forcing the hospital to hire new providers, given insurance and billing complexities.

Criticism & Opposition

They contended that the hospital could have sought alternative providers or hired new physicians willing to prescribe the treatment, but the judge rejected that argument, citing the state’s corporate-practice-of-medicine prohibitions.

Verbatim Quotes

  • “The Court did not order CHC to provide medical gender affirming care,” — H. Englert, district court judge
  • “They understand their decision will cause harm to others and that ‘because of the world we live in,’ they cannot help others,” — H. Englert, district court judge
  • “CHC is not a licensed medical provider, does not employ the medical providers who provide such care, and is statutorily barred from directing the medical providers’ independent professional judgment concerning the practice of medicine,” — H. Englert, district court judge

Timeline

  • June – Injunction issued prohibiting CHC from refusing gender-affirming care.
  • Tuesday evening – Judge Englert issued the ruling dismissing the contempt citation.

The case remains active as a class-action lawsuit, representing hundreds of young patients who previously received gender-affirming treatment at CHC. The outcome underscores the legal tension between state anti-discrimination mandates, federal policy pressures, and the autonomy of medical professionals.