Washington AG Defends Gender-Affirming Care in Court

Nick Brown argues to protect access to care for young people in 9th Circuit appeal

Published on Mar. 6, 2026

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Washington Attorney General Nick Brown appeared before the 9th Circuit Court of Appeals to defend a district court's preliminary injunction blocking President Trump's executive order that sought to cut off federal funding to hospitals providing gender-affirming care. Brown argued the order was unconstitutional and violated equal protection guarantees.

Why it matters

This case has major implications for access to gender-affirming healthcare for transgender and non-binary youth in Washington state, which has strong legal protections for such care. The outcome could set an important precedent for the broader fight over transgender rights across the country.

The details

Brown argued that the Trump administration's executive order was unconstitutional and violated the 5th Amendment's equal protection guarantees. He also said the order usurped Congressional authority. The 9th Circuit is expected to rule on the preliminary injunction in the coming months.

  • On March 6, 2026, Washington Attorney General Nick Brown appeared before the 9th Circuit Court of Appeals.

The players

Nick Brown

The Attorney General of Washington state, who is defending the state's protections for gender-affirming healthcare in court.

President Trump

The former U.S. president who issued the executive order that sought to cut off federal funding for gender-affirming care.

Seattle Children's

A hospital in Washington state that provides gender-affirming care and was affected by the Trump administration's executive order.

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What they’re saying

“In Washington state law, you're entitled to healthcare whether you're cisgender, transgender, no matter what. And we don't want to let one President override the state protections here in Washington.”

— Nick Brown, Attorney General of Washington (mynorthwest.com)

“The executive orders the President issued are unconstitutional. They violate the 5th Amendment equal protection guarantees. We also argued the orders violated the separation of powers and usurped Congressional authority.”

— Nick Brown, Attorney General of Washington (mynorthwest.com)

What’s next

The 9th Circuit Court of Appeals is expected to issue a ruling on the preliminary injunction in the coming months.

The takeaway

This case represents a critical battle over transgender rights and access to gender-affirming healthcare, with major implications for young people in Washington state and potentially across the country depending on the court's decision.