Florida's transgender healthcare ban for teens under 18 and adults has now been declared unconstitutional.
The law, which was endorsed by Republican Governor Ron DeSantis, had positioned Florida as one of the most restrictive states for transgender healthcare in the country.
However, with the latest ruling of Judge Robert L. Hinkle of the U.S. District Court for the Northern District of Florida, Tallahassee Division, the laws restricting gender healthcare will now not be enforced.
Judge Declares Anti-Transgender Animus in Legislation
As the decision of the judge reverses medical restrictions, Judge Hinkle pointed out that people who oppose transgender people are free to hold their beliefs, but are not free to discriminate against transgender individuals just for being transgender.
Hinkle criticized the law for denying transgender individuals access to safe and effective medical treatments that are otherwise approved for non-transgender patients.
His ruling invalidates the administrative rules enacted in May 2023, which banned puberty blockers and hormone therapy for transgender minors and imposed stringent restrictions on transgender adults seeking care.
The law mandated that hormone therapy could only be provided by a physician, required in-person written consent, and prohibited telehealth services for these treatments.
Hinkle pointed out that the law was driven by "anti-transgender animus," highlighting public remarks from some bill sponsors.
He noted that one Florida House member made a particularly obvious statement accusing medical professionals of cutting off body parts of little children and throwing them in the trash, which Hinkle supposed was presumably about as far removed from reality as any statement by any single person ever can ever make.
In response to the ruling, Julia Friedland, deputy press secretary for Governor DeSantis, stated via email that the court was wrong to override the decisions of state representatives elected by Floridians to protect children.
She affirmed that the governor's office plans to appeal the decision, disagreeing with the court's interpretations of the law, the facts, and the science involved.
Impact on Plaintiffs and Broader Implications
One of the plaintiffs, Jane Doe, the mother of Susan Doe, a 12-year-old transgender girl, expressed relief and gratitude for the ruling, as treatment for transgender teens can now return.
Jane Doe stated that seeing the fear in her child about this ban has been one of the hardest gests they've endured as parents. She added that all they've wanted is to take that fear down and help her continue to be the happy, confident child she is now.
While the ruling has significant counteraccusations for ambisexual healthcare in Florida, it left complete the prohibition on gender-affirming surgery for minors, which none of the complainants challenged. Hinkle noted that similar surgeries for minors are extraordinarily rare.
Nationwide, Florida is among 25 states that have confined access to transition-related care for minors and one of six that have criminalized furnishing similar care.
However, Hinkle had previously struck down parts of the law that allowed for criminal charges or disciplinary actions against healthcare providers.
LGBTQ advocacy groups, including GLBTQ Legal Advocates and Defenders, the National Center for Lesbian Rights, Southern Legal Counsel, the Human Rights Campaign, and Lowenstein Sandler LLP, represented the plaintiffs.
The Human Rights Campaign, the nation's largest LGBTQ advocacy group, celebrated the victory on social media, emphasizing that Florida's law was the first to restrict care for both transgender adults and minors.
Sarah Warbelow, vice president of legal for the Human Rights Campaign Foundation, stated that the state of Florida has shown blatant discriminatory intent toward transgender people, and today's ruling makes clear that this is not permissible.
Warbelow added that there's no sound reason to deprive people of the capability to make the best-practice, medically necessary healthcare decisions for themselves, especially when the trade-off is the heartbreak and torture of children and parents.
