A federal judge has ruled that Florida's ban on gender-affirming care for minors is unconstitutional, delivering a significant blow to the state's efforts to restrict medical treatments for transgender youth. In a comprehensive 105-page order, U.S. District Judge Robert Hinkle found the law discriminatory and motivated by anti-transgender animus rather than any legitimate state interest.
The decision came after parents of three transgender children sued the state, arguing that the ban stripped them of their right to make medical decisions for their children. Judge Hinkle agreed, stating that the law enforced differential treatment based on sex and transgender status and was driven by prejudice against transgender individuals.
"The animus against transgenders includes not only bias of the kind sometimes directed at racial or ethnic minorities or women but also a belief that transgenders should not exist at all — or should not be allowed to pursue their transgender identities," Hinkle wrote in his ruling.
The judge pointed to statements made by Republican Governor Ron DeSantis, who has referred to gender-affirming treatments as "mutilation" and described such care in misleading and inflammatory terms. Hinkle noted that these statements were "demonstrably false" and that no evidence was presented to support claims that transgender minors in Florida were subjected to castration or intentional sterilization.
"At least insofar as has been shown by this record, no transgender minor has ever been castrated or intentionally sterilized in Florida or elsewhere," Hinkle stated. He emphasized that the treatments in question, such as puberty blockers and cross-sex hormones, are endorsed by major medical associations and have been available in the U.S. for more than a decade as appropriate care for people diagnosed with gender dysphoria.
Judge Hinkle ruled that the state cannot deny transgender individuals safe and effective medical treatment that is routinely provided to others. The treatments, which include hormones and hormone antagonists, are recognized by medical professionals as essential for treating gender dysphoria, a mental health condition characterized by significant distress due to incongruence between one's experienced gender identity and natal sex.
Statements from hundreds of medical professionals supporting such care were filed into the case, with no reputable medical association taking a contrary position. The ruling aligns with similar decisions in other states, where judges have blocked or struck down bans on gender-affirming care for minors.
Florida's law, signed by Governor DeSantis last year, is part of a broader trend among Republican-led states to restrict or ban gender-affirming medical care for transgender minors. As of May 2024, at least 24 states have enacted such laws, many of which are facing legal challenges. Last year, a federal judge struck down Arkansas' ban as unconstitutional, and judges have temporarily blocked enforcement of bans in Idaho and Montana.
On Monday (June 24), the Supreme Court agreed to hear the Biden Administration’s challenge to Tennessee’s controversial ban on gender-affirming care for transgender minors. The justices, expected to hear arguments close to the November presidential election, will deliberate on the constitutionality of these bans, with the potential to impact similar... Read More »
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A hefty, throwback bill package in Florida that harkens in spirit to the1950s was signed by Governor Rick DeSantis this week, with the administration promising to “protect Florida’s children from permanent mutilating surgical procedures, gender identity politics in schools, and attending sexually explicit adult performances.” The so-called “sweeping” set of... Read More »
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