U.S. appeals court clears way for Florida ban on transgender care for minors
ATLANTA — A federal appeals court on Monday cleared the way for Florida to enforce a ban on sex reassignment care for minors, blocking a lower court order against the ban while the case is on appeal.
The decision was handed down by a 2-1 vote by the 11th U.S. Circuit Court of Appeals in Atlanta. The law reinstated by the decision prohibits transgender minors from being prescribed puberty blockers and hormone treatments, even with their parents’ permission. It also requires that transgender adults receive treatment only from a doctor, not a registered nurse or other qualified medical practitioner. Adults seeking treatment must be present in the room with the doctor when they sign the consent form.
U.S. District Judge Robert Hinkle blocked the law in June.
Florida lawyers conceded during the district court trial that the state cannot prevent someone from pursuing a transgender identity, but said it can regulate medical care.
For minors, the only treatments affected are puberty-blocking treatments and intersex hormones, such as giving testosterone to someone assigned female at birth. Those who were undergoing treatment when the law was passed in May 2023 were allowed to continue. Surgery, which is rare among minors, remains blocked.
At least 26 states have passed laws limiting or banning gender reassignment medical care for transgender minors, and most of those states are facing lawsuits. Federal judges have struck down bans in Arkansas and Florida as unconstitutional, though a federal appeals court has stayed the Florida ruling. A judge’s order temporarily blocks enforcement of the Montana ban.
States that have passed laws restricting or prohibiting gender-confirming medical care for transgender minors: 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.
