ATLANTA — A federal appeals court Monday cleared the way for Florida to enforce a ban on gender-affirming care for minors, blocking a lower court order against the ban while the matter is appealed.
The 2-1 decision was issued by the 11th U.S. Circuit Court of Appeals in Atlanta. The law revived by the ruling prohibits transgender minors from being prescribed puberty blockers and hormonal treatments, even with their parents’ permission. It also required that transgender adults only receive treatment from a doctor and not from a registered nurse or other qualified medical practitioner. Adults who want the treatment must be in the room with the physician when signing the consent form.
U.S. District Judge Judge Robert Hinkle had blocked the law in June.
Florida’s attorneys had conceded during the district court trial that the state cannot stop someone from pursuing a transgender identity, but said it can regulate medical care.
For minors, the only treatments at issue are puberty blocking treatments and cross-sex hormones — giving testosterone to someone assigned female at birth, for example. Those who were undergoing treatment when the law was adopted in May 2023 were allowed to continue. Surgery, which is rare for minors, was still blocked.
At least 26 states have adopted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits. Federal judges have struck down the bans in Arkansas and Florida as unconstitutional, though a federal appeals court has stayed the Florida ruling. A judge’s order is in place temporarily blocking enforcement of the ban in Montana.
The states that have passed laws restricting or banning gender-affirming medical care for transgender minors: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.
In a controversial decision, the 11th Circuit Court of Appeals recently ruled in favor of allowing Florida to implement a ban on transgender care for minors. This ruling has sparked outrage and concern among LGBTQ+ advocates, medical professionals, and the transgender community.
The ban, which was signed into law by Governor Ron DeSantis earlier this year, prohibits healthcare providers from providing gender-affirming care to transgender minors, including hormone therapy and puberty blockers. Supporters of the ban argue that these treatments are harmful and irreversible, and that minors should not be allowed to make such life-altering decisions.
However, opponents of the ban argue that it is discriminatory and violates the rights of transgender individuals. They point to the overwhelming evidence that shows that gender-affirming care is safe and effective for transgender youth, and that denying them access to these treatments can have serious negative consequences for their mental health and well-being.
The ruling by the 11th Circuit Court of Appeals has only added fuel to the fire, with many fearing that it sets a dangerous precedent for other states to follow suit. LGBTQ+ advocates have vowed to continue fighting against the ban, both in the courts and through grassroots activism.
Medical professionals have also expressed their concerns about the ruling, warning that it could have a chilling effect on healthcare providers who may now be hesitant to provide gender-affirming care to transgender youth for fear of legal repercussions.
Overall, the ruling allowing Florida to implement a ban on transgender care for minors has sparked a heated debate about the rights of transgender individuals and the role of government in regulating healthcare decisions. It remains to be seen how this issue will ultimately be resolved, but one thing is clear: the fight for transgender rights is far from over.
