Court Urged to Protect Trans Youth Privacy: RI Child Advocate

Lawyers representing the Child Advocate for the State of Rhode Island urged the U.S. Court of Appeals for the First Circuit in Boston to uphold a lower court ruling that blocks the U.S. Department of Justice from accessing private medical records of transgender minors treated at Rhode Island Hospital. The federal government brought the appeal following a May decision by U.S. District Judge Mary S. McElroy, which halted a DOJ subpoena seeking complete patient files for minors receiving gender-affirming medical care.

The core legal battle centers on whether federal investigators overstepped their bounds when subpoenaing sensitive health files without advance notice. On April 30, the DOJ sought and obtained judicial approval for the subpoena from a judge in Texas without the hospital’s advance knowledge or ability to respond. In response, attorneys for the Rhode Island Child Advocate filed an emergency motion on May 4 to block the demand and protect patient privacy. Judge McElroy granted the motion to quash on May 14, ruling that the subpoena lacked a congressionally authorized purpose, was issued for an improper purpose, and violated the constitutional privacy rights of the children involved.

Legal Arguments and Privacy Protections in the First Circuit

During the Boston appellate hearing, attorneys representing the state child advocate defended the district court’s decision, emphasizing the sensitive nature of the documentation requested. Legal counsel told the court that the files “contain the most intimate details imaginable.” In her May ruling, Judge McElroy wrote that the “DOJ’s request for intimate medical details from one of this country’s most vulnerable populations constitutes a drastic overreach of its investigative authority.”

The circuit court will now decide whether to uphold the motion to quash, which currently prohibits the DOJ from seeking or receiving patient-identifying information or protected health information produced under the contested subpoena. The Rhode Island Child Advocate is represented in the litigation by attorneys from the ACLU of Rhode Island, the Lawyers’ Committee for Rhode Island, and Democracy Forward.

Stakeholder Perspectives on Child Welfare Confidentiality

Assistant Child Advocate for Rhode Island Diana Robbins stressed the case's impact on minors in the state's care. “Upholding this decision affirms that the privacy and dignity of children involved in the child welfare system—and of all children—must be protected,” Robbins said. “No child should have to choose between receiving vital medical care and protecting their most personal information. Safeguarding the confidentiality of children’s medical records is essential to preserving their dignity, maintaining their trust, and safeguarding their well-being.”

Kevin Love Hubbard, an attorney with the Lawyers’ Committee for Rhode Island who argued the appeal on behalf of the Child Advocate, echoed those sentiments after the hearing. “We are proud to defend the privacy rights of transgender youth, and to stand up for them against a federal government that has relentlessly targeted trans people,” Hubbard said. “We went to court to protect those rights and won, and it was an honor to argue that the First Circuit should uphold that victory.”

Next Steps in the Federal Appeal

With oral arguments concluded, the U.S. Court of Appeals for the First Circuit has taken the matter under advisement and will issue a ruling on whether to maintain the block on the federal subpoena. Case briefs and related legal documents are accessible through public court records.