A federal appeals court has ruled that Florida's ban on gender-affirming care for transgender youth and restrictions on such care for transgender adults can be enforced while a legal challenge against the law continues.
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| iStock |
The U.S. Court of Appeals for the 11th Circuit's three-judge panel made a 2-1 decision in favor of the state, indicating that Florida is likely to win the case, known as Doe v. Ladapo. The majority opinion, written by Judges Britt C. Grant and Robert J. Luck, argued that the district court, which had initially blocked the law, likely erred in its assumption that the Florida legislature acted in bad faith and that the law was based on discriminatory motives against transgender people.
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In contrast, Judge Charles R. Wilson disagreed, expressing that the district court had presented enough evidence to suggest that the law was indeed rooted in discrimination. He mentioned that denying access to gender-affirming care would cause unnecessary suffering for transgender individuals.
Previously, U.S. District Judge Robert Hinkle had issued a permanent injunction against Florida's Senate Bill 254 and related regulations, deeming them unconstitutional. He concluded that the legislation and the Florida Boards of Medicine's rules were motivated by an underlying disapproval of transgender individuals, violating the equal protection rights of transgender people and their parents. This decision marked Florida as the first state to impose such restrictions on healthcare for transgender adults. Despite this, in July, Judge Hinkle declined to stay his ruling during the appeals process.
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| Florida Gov. Ron DeSantis, (Gary McCullough / Associated Press) |
The ban on gender-affirming care for minors initially took effect in March 2023 when the Florida Board of Medicine and the Florida Board of Osteopathic Medicine adopted rules, encouraged by Governor Ron DeSantis, Joseph Ladapo, and the Florida Department of Health.
Senate Bill 254, enacted in May 2023, codified the ban into state law, allowing a limited exception for minors who had already begun treatment before the law's implementation. Additionally, the law introduced criminal and civil penalties for Florida medical providers who violate these restrictions. It also imposed severe limitations that effectively prevent many trans adults and eligible minors from accessing necessary medical care, including the requirement that such care be provided only by physicians, the prohibition of telehealth services, and the imposition of burdensome and misleading consent forms.
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The complainants in the lawsuit are represented by several advocacy groups, including GLBTQ Legal Advocates & Defenders, the Human Rights Campaign Foundation, and the National Center for Lesbian Rights.
These organizations have expressed deep disappointment with the appeals court's ruling, criticizing the panel for disregarding the district court's detailed findings and adherence to recent precedents set by the Eleventh Circuit. They argue that reinstating these restrictions will deprive transgender adults and adolescents of lifesaving care and strip Florida parents of the right to make informed medical decisions for their children.
They further claim that the law's purpose is solely to harm transgender Floridians, in violation of their rights to equal treatment under state law. The plaintiffs are currently considering their legal options and remain committed to fighting for the rights of transgender individuals and their families.