A federal appeals court removed a temporary hold on a Florida law that bans ‘gender-affirming care’ for minors.
In a 2-1 decision, the 11th U.S. Circuit Court of Appeals in Atlanta blocked a lower court order against the ban while it’s appealed.
“Florida will always stand for sanity. Let kids be kids,” Gov. Ron DeSantis said.
Florida will always stand for sanity. Let kids be kids. https://t.co/K2bRG8c5L7
— Ron DeSantis (@GovRonDeSantis) August 28, 2024
From the Associated Press:
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.
Court clears way for Florida to enforce ban on gender-affirming care for minors https://t.co/q3UTinl1BC
— The Hill (@thehill) August 27, 2024
Per The Hill:
According to KFF’s policy tracker, 26 states have enacted laws or policies limiting access to gender-affirming care for minors since 2021, and most of them create penalties for medical professionals who ignore the bans. Seventeen states are currently facing legal challenges to their restrictions, based on KFF’s analysis.
In the Florida case, the appeals court considered whether the state law was in the public interest and based on “legitimate concerns” about the effects of gender-affirming care for minors.
“As to harm to others, even with the law in effect, physicians may continue to prescribe and administer puberty blockers and hormones to adults. And minors who were already receiving them may continue to do so,” the order states.
The earlier hold on the law was the result of a judge’s ruling that the ban would be unconstitutional and discriminatory against transgender people seeking medical care.