ACLU of Colorado sues Children’s Hospital Colorado

DENVER — The ACLU of Colorado filed a lawsuit Wednesday against Children’s Hospital Colorado, claiming the hospital’s decision to stop offering gender-affirming surgeries violated Colorado’s Anti-Discrimination Act (CADA).

The lawsuit, filed on behalf of 18-year-old Caden Kent, which is a pseudonym, says Caden began receiving care at Children’s Hospital Colorado’s TRUE Center for Gender Diversity in 2021 when he was 16 years old. Caden was struggling with gender dysphoria that prevented him from “living a full life,” the lawsuit claims.

In December 2022, Caden began discussing chest masculinization surgery with his doctors and care team at Children’s Hospital Colorado, the lawsuit says. The surgery typically consists of subcutaneous mastectomy that is followed by reconstruction of the chest. The ACLU’s filing says the surgery is regularly performed on transgender men who have a higher risk of developing cancer.

Caden and his family chose a plastic surgeon associated with Children’s Hospital Colorado. The family was told that before surgery, they needed to receive letters of support from an endocrinologist and a mental health professional, as well as insurance preauthorization, the lawsuit says.

In May and in June of 2023, Caden received the needed letters of support. On July 13, Caden’s insurance authorization came in the mail. The next day, Caden’s father sent a message through the patient portal to the surgeon’s physician’s assistant to schedule the surgery, the lawsuit says.

The lawsuit claims Children’s Hospital Colorado determined it would no longer provide medically necessary surgeries to transgender patients for treatment of gender dysphoria beginning on or about July 13.

The ACLU’s suit says Children’s Hospital Colorado still offers the the same procedures to patients, including non-pediatric patients, to treat conditions other than gender dysphoria, which violates the Colorado Anti-Discrimination Act “on the basis of his sex, gender identity, gender expression, and disability.”

Caden and his attorneys requested:

• An injunction and order that would require Children’s Hospital Colorado comply with CADA
• A fine of $3,500 or actual monetary damages
• Three fines for violating CADA, totaling $1,500

Children’s Hospital Colorado said they did not immediately have a statement because they had not yet been served with the lawsuit.

SUGGESTED VIDEOS: Latest from 9NEWS