Appeals Court Clears Path for Florida to Ban Minors’ Gender-Affirming Care

On August 27, a divided federal appeals court issued a stay on a lower court’s order aimed at blocking Florida’s law that prohibits gender-affirming care for minors. This recent ruling allows the controversial law to move forward, preventing individuals under the age of 18 from accessing sex-reassignment prescriptions, such as puberty blockers. There is, however, an exception for minors currently undergoing such treatments.

This ban is part of a broader trend among Republican-led states that have sought to restrict gender-affirming care for transgender minors, despite support from numerous major medical associations, including the American Medical Association.

In May 2023, the Florida legislature passed a law prohibiting access to gender-affirming pharmaceutical treatments for minors, which also imposes tighter restrictions on adult patients. This law was challenged in court by two minors and an adult advocating for the transgender community.

Initially, in June, a federal judge ruled in favor of the plaintiffs, declaring that the law was discriminatory and unconstitutional. However, on Monday, a three-judge panel from the 11th Circuit Court of Appeals reversed the previous decision by a vote of 2-1. The majority opinion argued that the lower court might have erroneously concluded that the law represented “invidious discrimination” against transgender residents, emphasizing that the state would suffer by not being able to enforce the legislation.

In the majority opinion, Circuit Judges Britt Grant and Robert Luck—both appointed by former President Donald Trump—stated that allowing the law to remain in effect would not prevent healthcare providers from prescribing and administering puberty blockers and hormones to adult patients. Additionally, they noted that minors who had already begun treatment could continue accessing those services.

In dissent, Circuit Judge Charles Wilson, appointed by former President Bill Clinton, countered the majority opinion by asserting that the evidence presented during the trial supported the conclusion that the law stemmed from discriminatory intentions toward transgender individuals. He highlighted comments made by lawmakers that demonstrated a lack of respect for transgender identities, suggesting a deliberate effort to undermine the dignity and rights of transgender individuals.

Judge Wilson referenced remarks made by state officials, including Florida Governor Ron DeSantis and Surgeon General Joseph Ladapo, indicating a hostile attitude toward the transgender community. He expressed concern that the law would lead to “needless suffering” while arguing that allowing for a stay would endorse a ruling that aligned with the public interest.

He emphasized that healthcare decisions should remain with patients and healthcare professionals, who are better positioned to provide unbiased information tailored to meet individual needs.

Representatives for the plaintiffs expressed their disappointment following the ruling. They stated that they are evaluating their options but remain committed to protecting their clients’ rights to fair treatment under Florida law, which they believe has been severely compromised by this legislation.

Organizations involved in the case, including the GLBTQ Legal Advocates & Defenders and the Human Rights Campaign, shared a statement condemning the reinstatement of these restrictions. They argued that the prohibitions would deprive transgender individuals of essential medical care and strip Florida parents of the rights to make informed medical decisions on behalf of their children.

In their statement, these groups pledged to continue advocating for transgender individuals and their families, emphasizing the importance of medical autonomy free from government intrusion.

As of now, data from the Movement Advancement Project indicates that 24 states have enacted similar bans on minors receiving gender-affirming care. Nevertheless, it is important to note that some of these restrictions may be temporarily suspended or not yet enforced.

According to estimates from UCLA’s Williams Institute, about 16,200 individuals aged 13 to 17 in Florida identify as transgender, highlighting the significant impact of such legislation on the lives of young people in the state.