In a significant legal development on Monday, the 11th U.S. Circuit Court of Appeals in Atlanta issued a 2-1 decision permitting the state of Florida to enforce its controversial ban on gender-affirming medical care for minors. This ruling overrules a previous injunction by a lower court, allowing the law to take effect while the appeal process continues.
The legislation in question prohibits the prescription of puberty blockers and cross-sex hormones to transgender minors, even if such treatments are endorsed by their parents. Additionally, the law stipulates that transgender adults must receive gender-affirming care exclusively from physicians rather than registered nurses or other qualified healthcare professionals. It mandates that adults seeking these treatments must also be present in the physician’s office when signing consent forms.
The decision to lift the injunction was made in response to an appeal from Florida’s legal team, following a June order from U.S. District Judge Robert Hinkle, who had initially blocked the law. Florida’s attorneys argued that while the state cannot impede an individual’s right to identify as transgender, it maintains the authority to regulate medical procedures associated with gender transition.
Under the law, treatments specifically affected are puberty blockers and cross-sex hormones, such as administering testosterone to individuals assigned female at birth. Minors who were already receiving these treatments when the law was enacted in May 2023 are permitted to continue their care. However, surgical interventions, which are uncommon for minors, remain prohibited.
This ruling is part of a broader national trend, with at least 26 states implementing laws that either restrict or outright ban gender-affirming medical care for transgender minors. Many of these states are embroiled in legal battles over the constitutionality of such bans. While federal judges have struck down similar restrictions in Arkansas and Florida, those decisions have been stayed pending appeal. In Montana, enforcement of a similar ban is temporarily blocked by a judge’s order.
The states that have enacted or are considering restrictions on gender-affirming medical care for transgender minors include Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.
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