This is an update to our fight to keep the medical records of RI minors who have received treatment for gender dysphoria out of the U.S. Department of Justice’s (DOJ) hands.

Where we stand: The case is ongoing. The DOJ is still currently enjoined (prohibited) from receiving any medical records of minors in RI who received treatment for gender dysphoria from Rhode Island Hospital, but incredibly, a Texas judge still demanded data be turned over to the Texas court.

The Hospital has agreed to turn over anonymized and de-identified data to the TX court, however that will likely take months to put together, and the issues are still going through multiple court appeals processes.

Here's a timeline of how we got to this point:

• April 28, TX court: The DOJ asked a Texas judge to authorize the enforcement of a subpoena against RI Hospital, forcing the Hospital to turn over these sensitive medical records to the DOJ. Without notifying the Hospital, the Texas court entered an order to that effect, meaning that the Hospital suddenly had to turn over the records quickly or face contempt of court.
• May 12, RI court: Within days, our Affiliate and the Lawyers’ Committee for RI (LCRI) filed a motion to quash (or void) the subpoena here in Rhode Island. We went to court on behalf of the RI Child Advocate — the state official tasked with protecting children in foster care — to argue for the motion to quash the DOJ’s subpoena to obtain the medical records. After that hearing, the federal judge wrote a scathing decision that prevents the DOJ from seeking or receiving any of the medical records from RI Hospital. The DOJ is appealing this decision, but in the meantime, the agency also quickly went back to the Texas court.
• May 18, TX court: The next week, the Texas judge who had initially granted the DOJ’s request to expedite the subpoena made a ruling that RI Hospital would still have to turn over records to the Texas court (not the DOJ). The Hospital agreed to turn over medical records that are anonymized and de-identified, and if done correctly, will make the data impossible to re-identify. The TX court said they would keep the files in a safe that would require court authorization to access. Additionally, however, the Texas court told RI Hospital they could not take any action in any other court to address the issue. The Hospital is appealing the subpoena in TX.
• May 19, U.S. Court of Appeals in Boston: The very next morning, we filed an emergency motion in Boston to prevent release of the Hospital’s records, as they were due to be turned over to the Texas court that night. The motion was denied on the grounds that, because the data was to be anonymized and the information was going to the court rather than the DOJ, there would be no “irreparable harm” (harm that can’t be remedied after the fact) to the children while the court of appeals further considered the legal issues. We’re continuing with an appeal asking the appeals court in Boston to order RI Hospital to not turn over any documents to the TX court or DOJ.

What comes next: There are many moving parts, and it’s impossible to know for certain what will happen next. We assume that if the DOJ wins their appeal of the RI judge’s decision, the TX court is likely to hand over the anonymized data to the DOJ. If we win that appeal, and RI Hospital wins their appeal in TX, we assume the data will continue to be protected from the DOJ. However, if the multiple courts continue to contradict each other, there’s a chance it could make its way up to the Supreme Court to decide.