Lawsuit Challenges HHS’s Failure to Respond to Multiple FOIA Requests Seeking Public Information

Washington, D.C. — Democracy Forward filed a lawsuit today after the U.S. Department of Health and Human Services (HHS) refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption. Admiral Levine, who was the highest-ranking openly transgender government official in U.S. history, served as Assistant Secretary for Health and an admiral in the United States Public Health Service Commissioned Corps from 2021 to 2025. The Trump-Vance administration removed Admiral Levine’s legal name from the caption on her official portrait at HHS and replaced it with a dehumanizing name that misgenders her. The lawsuit challenges HHS’s failure to respond to multiple Freedom of Information Act (FOIA) requests seeking information about how and why the agency changed the official portrait caption from her legal name.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening. The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is trangender. It’s not complicated – the public is entitled to know who is making decisions – especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity,” said Skye Perryman, President and CEO of Democracy Forward. “HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability. The public has every right to demand answers—to know who is behind this hateful act—and we are going to court to get them.”

Democracy Forward is seeking records that may show who ordered the change, who approved it, what legal guidance—if any—was relied upon to justify it, and what internal communications occurred about the decision, including communications referencing transgender identity. Despite clear legal deadlines, HHS failed to acknowledge or respond to any of the requests. The lawsuit also seeks records related to whether HHS evaluated the legality of changing Admiral Levine’s name under federal accuracy and privacy requirements, and whether the agency improperly classified the change as an ‘excepted activity’ during a lapse in appropriations. By failing to make any determination or produce any records, HHS has violated its obligations under federal law.

The case is Democracy Forward Foundation v. U.S. Department of Health and Human Services, and the legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

Read the filing here.

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.