Florida’s transgender ban remains intact after court challenge.
A Victory for Transgender Rights: Florida Judge Denies Motion to Block Ban on Transgender Treatments
In a significant development for transgender rights, a federal district court judge in Florida has denied a motion to temporarily block a portion of a state law that prohibits transgender treatments for adults. This decision comes amidst a legal challenge to Senate Bill 254, a law that restricts minors’ access to gender-affirming care.
Florida Governor Ron DeSantis signed the bill in May, which not only restricts transgender surgeries and puberty blockers for minors but also requires adults seeking such treatments to give consent in person and in the presence of a physician. However, health care providers have often recommended these treatments over the phone, as reported by various sources.
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In June, District Judge Robert Hinkle temporarily blocked the enforcement of the law for minors, citing concerns about its constitutionality. He ruled that the ban on transgender procedures for minors lacked a rational basis and was likely unconstitutional.
Three families filed a lawsuit in March against Florida officials, challenging the bans on transgender procedures, including puberty blockers, cross-sex hormones, and surgeries. These bans were enacted by the Florida Boards of Medicine and Osteopathic Medicine and took effect that month. The families also contested the new law signed by Governor DeSantis.
However, on Tuesday, Judge Hinkle rejected a plea from adult plaintiffs who sought to expand the injunction. These plaintiffs, who joined the ongoing lawsuit in July, argued that their medical care had been disrupted by the law.
Nevertheless, the judge found that the law does not prohibit adults from obtaining the treatments they seek. While two plaintiffs claimed they would be unable to obtain hormone treatment from their current providers, the judge pointed out that they may be able to find alternative providers.
Two other adult plaintiffs argued that their scheduled surgeries were canceled due to SB254. However, the judge deemed this argument as inadmissible hearsay and stated that an injunction would not solve the problem anyway.
The judge also noted that the plaintiffs’ chances of success on the merits of their case have diminished following a recent decision by the Eleventh Circuit Court of Appeals. This decision allowed Alabama’s felony ban on similar treatments and surgeries to take effect, despite arguments against it.
The four adult plaintiffs in the Florida lawsuit claimed that their claims remained valid, including the assertion that the challenged statute and rules were motivated by discriminatory animus. However, Judge Hinkle pointed out that the plaintiffs did not adequately address this point in their motion and supporting materials.
In conclusion, while the legal battle for transgender rights continues, this recent ruling in Florida represents a setback for those seeking to block the ban on transgender treatments. The fight for equality and access to gender-affirming care remains ongoing.
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