Two Florida medical oversight boards held a meeting about proposed rules for treating gender dysphoria for minors in the state on Feb. 10, 2023. (Photo by Issac Morgan/Florida Phoenix)
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Florida’s ban on puberty blockers and hormone replacement therapy for transgender minors and restrictions for adults are both unconstitutional, a federal judge ruled Tuesday.
U.S. District Judge Robert Hinkle, who presided over the case in Tallahassee, sided with the plaintiffs in the class action — parents of transgender minors and transgender adults — who argued the measure violated the U.S. Constitution because it solely targeted transgender people.
“The federal courts have a role to play in upholding the Constitution and laws. The State of Florida can regulate as needed but cannot flatly deny transgender individuals safe and effective medical treatment — treatment with medications routinely provided to others with the state’s full approval so long as the purpose is not to support the patient’s transgender identity,” Hinkle wrote.
FL Surgeon General Joseph Ladapo. Source: Screenshot/Florida Channel
Those restrictions came into place following Gov. Ron DeSantis’ approval of SB 254 in May 2023 and promulgation of rules from the Florida Board of Medicine and Florida Board of Osteopathic Medicine enacting that law. Those boards and Florida Surgeon General Joseph Ladapo were named as defendants.
The measures banned minors’ use of puberty blockers and hormone replacement therapy, common treatments for gender dysphoria. Additionally, the law said only physicians, psychologists, and psychiatrists could treat adults seeking gender-affirming care, with the added requirements of frequent in-person visits, tests, and authorization through a consent form that contained false information about the harms of hormone replacement therapy.
However, the law didn’t impose the same restrictions on cisgender women needing to take testosterone or cisgender men needing to take estrogen.
Appeal incoming
The state plans to appeal the ruling, said Jeremy Redfern, press secretary to DeSantis. An appeal would go to the U.S. Court of Appeals for the Eleventh Circuit.
“Through their elected representatives, the people of Florida acted to protect children in this state, and the court was wrong to override their wishes,” Redfern wrote in a statement to Florida Phoenix.
“We disagree with the court’s erroneous rulings on the law, on the facts, and on the science. As we’ve seen here in Florida, the United Kingdom, and across Europe, there is no quality evidence to support the chemical and physical mutilation of children. These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror.”
Redfern wrote that the state would continue to “fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology.’”
In his 105-page ruling, Hinkle noted that “there were no complaints from patients, no adverse results in Florida, just a political issue.”
However, the ruling does not lift the state ban on gender-affirming surgery for minors and restrictions on surgery for adults. That’s because the plaintiffs didn’t challenge the statutes relating to surgery for minors, and the adult plaintiff had not sought surgery and so lacked standing to challenge those restrictions.
Relief for plaintiffs
Plaintiff Gloria Goe (they used pseudonyms to protect the privacy of their children) is the mother of an eight-year-old (at the opening of the case) transgender boy. During the opening day of the trial on Dec. 13, she testified that she feared her son would be swallowed by depression if forced to go through puberty without medical treatment.
“This ruling lifts a huge weight and worry from me and my family, knowing I can keep getting Gavin the care he needs, and he can keep being the big-hearted, smiling kid he is now. I’m so grateful the court saw how this law prevented parents like me from taking care of our children,” Goe wrote in a press release.
Attorneys with GLBTQ Legal Advocates & Defenders, Human Rights Campaign Foundation, National Center for Lesbian Rights, Southern Legal Counsel, and the Lowenstein Sandler law firm represented the plaintiffs.
Hinkle compared the discrimination transgender people face nowadays to racism and misogyny.
“Some transgender opponents invoke religion to support their position, just as some once invoked religion to support their racism or misogyny,” Hinkle wrote. “Transgender opponents are of course free to hold their beliefs. But they are not free to discriminate against transgender individuals just for being transgender. In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished.”
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