DOJ fails to stop Rachel Levine's emails being exposed in litigation over Alabama's sex change ban for minors

Alabama's attorney general argued, 'Levine has been at the forefront of the Biden Administration’s reckless promotion of sex-modification procedures for children'

The Department of Justice's attempt to stop Alabama's ban on sex change procedures and medications for transgender minors has forced Assistant Secretary for Health and Human Services Dr. Rachel Levine into litigation after a judge recently compelled the transgender official to become a custodian in the case. 

Alabama's attorney general, Steve Marshall, is in the process of defending litigation against an Alabama law that made it a felony, punishable by up to 10 years in prison, to prescribe puberty blockers or hormones to transgender children for a sex change. 

The Department of Justice requested to be a party in a lawsuit against the Alabama law blocking sex changes for minors, making some federal officials subject to discovery. Discovery is a procedure during litigation in which parties present and request evidence before trial. 

Marshall then requested Levine's records, believing she is one of the primary voices in the federal government — and relevantly in the Health and Human Services (HHS) Department — who is advocating for sex changes in children with gender dysphoria

The DOJ then tried to block the request, and offered Levine's former subordinate instead for discovery and also offered a FOIA response with unrelated search terms, the filing continued. 

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Rachel Levine has been promoting transgender sex changes for minors.  (Getty)

However, a court ruled on Nov. 17 that it "finds that Admiral Levine’s emails are relevant… Given that Admiral Levine is a public official." 

"I am glad the court granted our motion to require HHS to search Admiral Levine’s emails for documents relevant to our defense of Alabama’s law," Alabama Attorney General Marshall told Fox News Digital. "We look forward to reviewing the documents HHS produces as we continue to defend Alabama’s children."

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The DOJ declined to comment and the HHS has yet to respond for comment. 

Levine has been one of the most vocal voices in the federal government when it comes to transgender issues, the attorney general continued.

In May, HHS Assistant Secretary Rachel Levine asked Big Tech to censor "misinformation" about "gender-affirming care" for kids.  (Chris Smith/U.S. Department of Health & Human Services/Handout via Reuters)

Rachel Levine, nominee for Assistant Secretary in the Department of Health and Human Services, testifies at her confirmation hearing before the Senate Health, Education, Labor, and Pensions Committee on Capitol Hill in Washington D.C., on Feb. 25, 2021. (Caroline Brehman-Pool/Getty Images)

"Levine has been at the forefront of the Biden Administration’s reckless promotion of sex-modification procedures for children. There is no doubt about that, nor about the Admiral’s close involvement with radical organizations like WPATH whose ‘Standards of Care’ mandate the use of sterilizing hormones and surgeries to ‘treat’ vulnerable children suffering from gender dysphoria," he said. 

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In August, Levine praised an Alaska gender clinic that promoted revisionist ideas about biological sex, including eliminating the word "mother" from K-12 science classes. 

The gender-inclusive biology curriculum — catered for science teachers — recommended "child-friendly definitions" of terms relating to gender and sexuality.

Levine praised a clinic pushing biological inclusive curriculum which strikes down the word "mother." (Getty | Adobe Stock )

In July, Levine argued that medical interventions such as hormone therapy could be necessary for children who are experiencing the "wrong puberty."

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In March, Levine promised that medically changing kids’ genders will soon be normalized. 

"But I'm a positive and optimistic person, and I choose to be positive, optimistic. And I think that the wheels will turn on this," Levine said.

Fox News' Jessica Chasmar and Joshua Nelson contributed to this report. 

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