TL/DR –
A U.S. Federal Court has blocked a Florida law that prohibited gender-affirming care including hormone replacement and puberty blockers for transgender minors. The law also imposed restrictions on trans adults, including limiting care to physicians, banning telehealth, and requiring the signing of inaccurate consent forms. The ruling stated that Florida’s restrictions are unconstitutional and that the state cannot deny transgender individuals access to “safe and effective medical treatment”, with the state planning to appeal the decision.
Florida’s Gender-Affirming Care Ban Blocked by Federal Court
A US federal court has prevented Florida from imposing a law which restricts gender-affirming care, including puberty blockers and hormone replacement therapy, for trans minors and limits it for adults. This also extends to associated rules from the Florida Boards of Medicine.
The judgment follows a trial for Doe v. Ladapo where medical experts in psychiatry, endocrinology, and pediatric medicine testified. Simone Criss, of the Southern Legal Counsel, stated that the ruling restores Florida to a state where medical decisions are made by adults for their own bodies and health care, with the parent and doctor involved for minors – where medical decision-making should take place.
All major US medical and mental health associations support gender-affirming care for trans minors and adults.
The Journey to This Point
Florida previously permitted puberty blockers and hormone replacement therapy, also known as “cross-sex hormones” to manage gender dysphoria. In 2022, Florida Surgeon General Joseph Ladapo and the Department of Health requested a ban on gender dysphoria treatment for under 18s. SB 254 was enacted in May 2023, implementing a ban on gender-affirming care for trans minors, and introduced penalties for medical providers.
Tuesday’s Judgment
US District Judge Robert L. Hinkle ruled the restrictions as unconstitutional asserting that Florida can regulate treatments, but not deny transgender individuals “safe and effective medical treatment”. Jennifer Levi, Senior Director of Transgender and Queer rights at GLBTQ Legal Advocates & Defenders, expressed her approval, stating that medical decisions should be driven by medicine, not politics.
What Lies Ahead?
The state has promised to challenge the ruling at the United States Court of Appeals for the 11th Circuit in Atlanta. Criss is also working on challenging state “policies” that prevent trans Floridians from amending gender markers on their birth certificates or driver’s licenses and state IDs. Further, Claire v. Department of Management Services is contesting a rule from the 1970s that excludes gender-affirming care coverage in state health insurance plans.
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