Court permanently blocks Florida’s ban on gender-affirming healthcare

Governor Ron DeSantis has since called the court's ruling "erroneous" and has vowed to appeal.

This article is about gender-affirming healthcare in Florida. The image shows a group of people holding pro-trans signs in front of a building.
Image: Unsplash

Florida’s previously instituted ban on gender-affirming care for transgender minors, as well as increased restrictions for trans adults, has been permanently blocked following a federal court decision on Tuesday, June 11.

The law in question was instituted in 2023 by Florida Governor Ron DeSantis. In addition to targeting drag shows and restricting the use of personal pronouns in schools, the bill notably banned all forms of gender-affirming care for trans minors, including hormone replacement therapy, as well as restricting the types of gender-affirming care available to trans adults in the state. 

In his decision following Tuesday’s hearing, Judge Robert Hinkle, of the US District Court for the Northern District of Florida, struck down the previously held legislation as unconstitutional. 

“Transgender opponents are of course free to hold their beliefs,” said Judge Hinkle in his ruling. “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. To paraphrase a civil rights advocate from an earlier time, the arc of the moral universe is long, but it bends towards justice. 

“In the meantime, 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 added. 

Hinkle similarly stated on behalf of the court, “Gender identity is real.”

The judge has overseen the case against DeSantis’ law since last year, when Hinkle placed a temporary ban on the legislature as well as laying into the governor for spreading false information regarding trans healthcare for minors. 

The case against Florida Senate Bill 254, was brought to the District Court by four trans adults, as well as seven trans minors represented by GLBTQ Legal Advocates and Defenders (GLAD), the Human Rights Campaign Foundation, the National Center for Lesbian Rights, Southern Legal Counsel, and Lowenstein Sandler LLP. 

In a statement issued following Judge Hinkle’s ruling, Jennifer Levi, a senior director of transgender and queer rights at GLAD, said, “Today’s ruling is a huge win for transgender people and their families. It confirms that health care must be based on principles of good medicine, not politics. The court today found there is no legitimate purpose for the extraordinary restrictions Florida has put on transgender people’s ability to obtain needed medical care. The decision will no doubt bring huge sighs of relief across Florida by transgender people and those who love them.” 

An unnamed plaintiff in the case, the mother of a trans son, similarly celebrated the ruling, saying: “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.”

Governor DeSantis has since vowed to appeal Judge Hinkle’s ruling. According to a statement from the governor’s office, DeSantis responded to the ruling, saying: “Through their elected representatives, the people of Florida acted to protect children in this state and the Court was wrong to override their wishes.

“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,” DeSantis added. 

Florida is one of as many as 25 states in the US that have implemented some sort of restriction on gender-affirming care for transgender youth. Many of those states are currently facing lawsuits from LGBTQ+ groups and individuals who would like to see these laws overturned. 

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