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"Today's ruling is a powerful affirmation of the humanity of transgender people, the efficacy of well-established, science-based medical care, and of the rights of parents to make informed healthcare decisions for their children."
In a rebuke to Florida's Republican-controlled Legislature and its far-right governor and 2024 presidential candidate, Ron DeSantis, a federal judge on Tuesday temporarily blocked the enforcement of certain anti-trans rules recently adopted by state medical boards as well as specific provisions in Senate Bill 254, a new state law that criminalizes gender-affirming healthcare.
U.S. District Judge Robert Hinkle's 44-page ruling prevents Florida from applying its ban on gender-affirming care for trans youth to three children whose parents are plaintiffs in an ongoing lawsuit against the state.
Hinkle argued that Florida's moves to prohibit doctors from providing and minors from receiving so-called "puberty blockers" and other hormonal treatments constitute "purposeful discrimination" against transgender people and are likely to be found unconstitutional.
"Nothing could have motivated this remarkable intrusion into parental prerogatives other than opposition to transgender status itself," wrote Hinkle, an appointee of former President Bill Clinton. "The statute and the rules were an exercise in politics, not good medicine. This is a politically fraught area. There has long been, and still is, substantial bigotry directed at transgender individuals."
"Common experience confirms this, as does a Florida legislator's remarkable reference to transgender witnesses at a committee hearing as 'mutants' and 'demons,'" Hinkle continued, referring to disparaging comments made in April by state Rep. Webster Barnaby (R-29).
Hinkle added that the families who joined the emergency motion for a restraining order and preliminary injunction would suffer "irreparable harm" if their adolescents were denied access to "medically necessary" care consistent with the guidance of every major medical organization in the United States.
"My husband and I have been heartbroken and worried sick about not being able to care for our daughter in the way we know she needs," one of the plaintiffs, who is identified as Jane Doe and has a daughter named Susan, said in response to the ruling. "Today my entire family is breathing a huge sigh of relief knowing we can now access the treatment that we know will keep Susan healthy and allow her to continue being the happy, confident child she has been."
The civil rights groups representing the plaintiffs said that "today's ruling is a powerful affirmation of the humanity of transgender people, the efficacy of well-established, science-based medical care, and of the rights of parents to make informed healthcare decisions for their children."
"The court recognized the profound harm the state of Florida is causing by forcing parents to watch their kids suffer rather than provide them with safe and effective care that will allow them to thrive," the groups continued. "We are incredibly relieved that these Florida parents can continue to get healthcare for their children while we proceed to challenge these bans and eventually see them fully overturned."
As Politico reported, "The preliminary injunction does not apply to other minors who may wish to obtain treatment, but the ruling suggests that a key part of the law itself could get knocked down as the legal challenge proceeds."
Florida's boards of Medicine and Osteopathic Medicine adopted rules prohibiting doctors from offering gender-affirming care to trans youth in March. That ban was codified into state law when DeSantis signed S.B. 254 on May 17, one week before announcing his bid for the GOP's presidential nomination.
But S.B. 254 goes much further than formalizing the state medical boards' discriminatory rules. Among other things, it empowers Florida officials to take trans children away from their parents if they receive gender-affirming care. In addition to authorizing kidnapping, the law limits the ability of trans adults to start or continue receiving gender-affirming care and threatens to put doctors who violate the new restrictions behind bars.
S.B. 254 is one of several anti-trans laws that Florida Republicans and DeSantis have approved this year. Progressive advocacy groups issued a travel advisory for the state in April.
It is also one of 70 anti-trans laws enacted nationwide during the current legislative session. More than 525 bills attacking LGBTQ+ individuals, including over 220 that target trans people, have been introduced across the U.S. in recent months.
Before Hinkle issued his ruling on Tuesday, the Human Rights Campaign (HRC), one of the groups representing Florida parents, took the unprecedented step of declaring a "state of emergency" for LGBTQ+ people in the U.S.
Regarding the narrowly focused ruling, HRC and the other groups said it indicates that "the plaintiff parents are likely to succeed in their claims that S.B. 254 and the boards of medicine rules unconstitutionally strip them of the right to make informed decisions about their children's medical treatment and violate the equal protection rights of transgender youth by denying them medically necessary, doctor-recommended healthcare."
The groups added that "the challenge to the boards of medicine and S.B. 254 healthcare bans is likely to proceed quickly to trial."
"If Gov. DeSantis signs this bill, he will be disrespecting the United States Constitution as well as the rule of law, not to mention transgender Floridians, their families, and their medical care providers," warned one advocate.
Florida Republicans on Thursday approved a draconian bill that, among other things, would enable the state to take trans children away from their parents if they are receiving gender-affirming healthcare, even though such care is consistent with the guidance of every major medical organization in the United States.
In addition to trying to authorize kidnapping, Senate Bill 254 also seeks to limit the ability of trans adults to start or continue receiving gender-affirming care and threatens to put doctors who violate the new restrictions behind bars.
The legislation—condemned by civil rights advocates as the Criminalizing Gender-Affirming Care Bill—passed the state Senate in a 26-13 vote and the House by a margin of 83-28. It now heads to the desk of far-right Gov. Ron DeSantis. The presumptive candidate for the GOP's 2024 presidential nomination has previously voiced support for the measure and is expected to sign it into law, upon which it would take immediate effect.
"S.B. 254 is extraordinarily dangerous and extreme in a year full of extreme, discriminatory legislation."
Seven Florida parents who are currently challenging state boards of Medicine and Osteopathic Medicine rules prohibiting gender-affirming care for their children and other trans youth plan to ask a federal court to block provisions in S.B. 254 that would codify the existing boards' bans and create additional barriers for families with trans children.
They are represented by Southern Legal Counsel, GLBTQ Legal Advocates & Defenders (GLAD), the National Center for Lesbian Rights, and the Human Rights Campaign (HRC). The groups issued a joint statement denouncing Florida for "doubl[ing] down on denying science, intruding on family privacy and parental decision-making, and trampling on the rights and well-being of transgender adolescents."
"The bill passed by the Legislature today interferes even further with families, deliberately provoking conflict by inviting challenges to established custody orders. This exacerbates the state of emergency for parents who are already being forced to watch their kids suffer rather than get them the effective healthcare they need and that will allow them to thrive," says the statement. "We will take swift action to ask the federal court to block the ban on access to essential healthcare in S.B. 254, as well as the boards of medicine bans, to stop further harm to transgender youth and their families while the plaintiffs' case continues."
Similar bans on gender-affirming care for trans youth have been blocked by federal judges in Alabama, Arkansas, and Missouri.
Under S.B. 254, the state could take custody of a child who "has been subjected to or is threatened with being subjected to" gender-affirming care such as hormone replacement therapy and puberty blockers.
As The New Republicreported:
Florida courts could modify custody agreements from a different state if the minor is likely to receive gender-affirming care in that second state. The text refers to gender-affirming care as "sex-reassignment prescriptions or procedures" and qualifies this care as a form of "physical harm."
Medical facilities would have to give the state Department of Health a signed attestation that they neither provide gender-affirming care to any patients under the age of 18 nor refer people to providers that do. Their medical license renewal is contingent upon sending in this attestation.
[...]
Minors who have already begun transitioning will be allowed to continue to do so, but they are no longer allowed to receive care via telehealth, including for prescriptions. Their doctors have to tell them about the "risks" of gender-affirming care, and patients will have to sign an informed consent form, which the ACLU has pointed out often contains misinformation. Doctors who violate any of these new rules could be charged with a felony.
Equality Florida, the state's largest LGBTQ+ rights group, noted that "while much of the bill proponents' rhetoric focused on transgender youth, multiple bill provisions impact consenting transgender adults."
As the organization explained, "The bill bans government entities from offering them gender-affirming healthcare insurance, restricts their ability to access telehealth for care in the way nearly all other healthcare can be delivered, and denies their ability to receive care from highly trained nurses that provide a large portion of the gender-affirming care in the state." Anyone who violates these provisions could face misdemeanor charges.
As repressive as S.B. 254 is, opponents successfully narrowed the bill from the "much more extreme" House companion filed by state Rep. Randy Fine (R-33), the group pointed out. "Provisions previously approved by the House majority would have banned private health insurance providers from covering care for transgender adults and barred transgender Floridians from updating the gender on their birth certificates. The bill as passed also allows certain transgender youth already receiving gender-affirming treatments to continue doing so, whereas the House provisions would have terminated all care by the end of the year."
\u201cThe Gender Affirming Care Ban has passed the Florida Legislature and now goes to the Governor\u2019s Desk. This is a breakdown of the amended version, provided by civl rights\u00a0attorney Simone Chriss.\n\nClick here for text & PDF version: https://t.co/E8oqAX0vOz\u201d— Rep. Anna V. Eskamani \ud83d\udd28 (@Rep. Anna V. Eskamani \ud83d\udd28) 1683291127
Equality Florida public policy director Jon Harris Maurer said that S.B. 254 "painfully shows Gov. DeSantis' 'Florida freedom' farce."
"It's an assault on medical freedom and the freedom to parent," Maurer lamented. "After weaponizing the state's Medicaid agency and Board of Medicine against the transgender community, the governor's surrogates have now rammed through legislation to override parental decision-making, jail Florida doctors following best practices, and force adults to jump through government hoops to access their daily medication. This crusade is about political aspirations, but it has real-world consequences for Florida families."
Maurer's critical assessment was echoed by Cathryn Oakley, HRC's state legislative director and senior counsel.
"S.B. 254 is extraordinarily dangerous and extreme in a year full of extreme, discriminatory legislation," said Oakley. "This bill doesn't even pretend to be responsible public policy—instead, it attacks the ability of people of all ages to access medically necessary healthcare simply because those people are transgender; it prevents parents from being able to access best-practice, potentially lifesaving healthcare supported by the entire American medical establishment on behalf of their children; it prevents healthcare providers from delivering best-practice medical care; and it even threatens to overturn out-of-state custody determinations."
"This bill doesn't even pretend to be responsible public policy—instead, it attacks the ability of people of all ages to access medically necessary healthcare."
Oakley warned that "if Gov. DeSantis signs this bill, he will be disrespecting the United States Constitution as well as the rule of law, not to mention transgender Floridians, their families, and their medical care providers."
"Many families are making plans to leave the state to protect their children and get them the care they need to stay alive," she added. "The Human Rights Campaign is committed to doing everything in our power to fight back against these discriminatory bills and give LGBTQ+ children the futures they deserve."
S.B. 254, The New Republic observed, is "one of the cruelest" anti-trans bills yet passed in the country. "State Republicans have openly admitted they 'hate' LGBTQ people and are comfortable with 'erasing' the community from existence."
Equality Florida urged people to call DeSantis' office at 850-717-9337 to assert that "hate has no place" in the state.
As the organization noted, "S.B. 254's passage comes amidst an unprecedented barrage of anti-LGBTQ, anti-freedom bills in the final week of the 2023 legislative session," all of which DeSantis is expected to sign into law. It elaborated:
On Tuesday, the Legislature passed S.B. 1580, known as the License to Discriminate in Healthcare bill, which creates a broad license for healthcare providers and insurance companies to refuse services based on a "religious, moral, or ethical belief." Despite fears from LGBTQ advocates that this could open the door for discrimination in healthcare services, the bill passed on a party-line vote.
On Wednesday, three bills on the Slate of Hate were sent to the governor. H.B. 1069, the Don't Say LGBTQ Expansion Bill... extends last year's censorship of classroom discussion of sexual orientation and gender identity now up to eighth grade and overrides a parent's right to ensure that school personnel address their transgender child with the correct title and pronouns. The bill also dramatically accelerates book-banning efforts in Florida, allowing any person in a county to automatically remove a book from school shelves pending a lengthy review on the grounds of certain objections. The Legislature then passed H.B. 1521, the Anti-Transgender Bathroom Ban, that imposes new restrictions mandating that bathroom use be separated by sex assigned at birth in schools, universities, public stadiums, regional convention centers, airports, and all government buildings. And finally, H.B. 999, which included language banning public funding for LGBTQ-inclusive diversity and inclusion programs in our state colleges and universities.
Florida's hateful offensive is part of a broader nationwide attack carried out by Republican lawmakers and officials. The GOP claims to be "protecting children," but in reality, it is criminalizing LGBTQ+ people of all ages, putting them at increased risk of violence and self-harm.
HRC said it is opposing more than 520 anti-LGBTQ+ bills introduced in statehouses across the country so far in 2023. According to the group, "More than 220 of those bills would specifically restrict the rights of transgender people, the highest number of bills targeting transgender people in a single year to date."
HRC is currently tracking:
"In a coordinated push led by national anti-LGBTQ+ groups, which deployed vintage discriminatory tropes, politicians in statehouses across the country introduced 315 discriminatory anti-LGBTQ+ bills in 2022," HRC noted. "Despite this, fewer than 10% of these efforts [29] succeeded. The majority of the discriminatory bills—149 bills—targeted the transgender and nonbinary community, with the majority targeting children... By the end of the 2022 legislative session, a record 17 bills attacking transgender and nonbinary children passed into law."
"Support for LGBTQ+ rights is on the rise in Florida and nationwide," the group pointed out, citing recent survey data showing that 80% of Florida residents back anti-discrimination protections and 66% oppose refusal of service on religious groups. According to the same poll conducted by the Public Religion Research Institute, roughly 80% of U.S. adults favor laws that would protect LGBTQ+ people against discrimination in jobs, housing, and public accommodations, up from 71% in 2015.