TALLAHASSEE, Fla. — Major portions of Florida’s ban on gender transition care for minors and limits for adults are now blocked in the Sunshine State. A federal judge in Florida’s Northern District ruled Tuesday that much of the law was unconstitutional.
Judge Robert Hinkle’s decision comes after months of review following a three-day trial in December of last year. Several transgender plaintiffs and advocacy groups sued to halt SB 254, a Florida law that essentially bans gender transition therapies for minors, and has created hurdles for adults to receive them, like requiring in-person visits with a physician.
In Hinkle’s 105-page opinion, the President Bill Clinton-appointee found SB 254 violated equal protections provided by the US Constitution. Effective immediately, state and Florida medical boards would be prohibited from enforcement of the law’s key provisions.
Hinkle said in part "gender identity is real” and that Florida cannot deny patients “safe and effective medical treatment” that has “the state’s full approval so long as the purpose is not to support the patient’s transgender identity.”
“Transgender opponents are of course free to hold their beliefs,” wrote the judge. “But they are not free to discriminate against transgender individuals just for being transgender. In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished.”
Simone Chriss, an attorney with Southern Legal Counsel helping represent the plaintiffs, said the ruling would help an estimated 100,000+ transgender Floridians. She said the legal team was already prepping for the state to appeal to the 11th Circuit.
“It’s always hard to guess what any court of appeals is going to do,” said Chriss. “I will say is this order is so comprehensive and thorough and robust, and makes crystal clear, that we proved our case under any standard of review.”
Florida’s GOP-controlled legislature and governor approved SB 254 last year, considering it a safety measure for children.
“We just need to let our kids be kids,” said DeSantis during a May bill signing. “We have a very crazy age that we live in.”
Their argument from the get-go was that the treatments were harmful to juveniles. During the legislative session, Republican lawmakers often called the therapies “experimental,” despite backing from groups like the American Medical Association.
“You're allowed to be stupid in this country, so there's no desire to stop this for adults," said Fine during an interview about the lawsuit last year. "Children, it’s a whole different story. You can't get a tattoo, you shouldn't be able to cut your breast off.”
The governor’s press team reaffirmed their position in a statement on Tuesday. Press Secretary Jeremy Redfern said an appeal was indeed coming.
“As we’ve seen here in Florida, the United Kingdom, and across Europe, there is no quality evidence to support the chemical and physical mutilation of children,” said Redfern. “These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror.”
Another thing to watch out for with this appeal is a motion to stay the ruling. Attorneys for the state could request it, and if the 11th Circuit agrees, Hinkle’s ruling Tuesday would be put on hold, allowing Florida to return to enforcing its law, at least until justices gave a final ruling.
A state report says hundreds of frail elderly nursing home residents were stacked side by side, head to toe in a small church with no working air conditioning or refrigerator during Hurricane Helene.
