Judge rules that DeSantis’s ban on transgender care is unconstitutional

This blog originally appeared at WASHINGTON POST.

A federal judge blocked most provisions of the law pushed by Florida Gov. Ron DeSantis that banned gender-affirming care for children and restricted it for adults.

“The decision, issued on Tuesday, struck down most of a law supported by Florida Governor Ron DeSantis (R) that severely restricted transgender healthcare for adults and completely banned it for children.

U.S. District Judge Robert L. Hinkle rejected a prevailing argument from the DeSantis administration that denied the existence of transgender individuals, emphasizing in his ruling that “gender identity is real” and that the state cannot withhold treatment from them. Hinkle drew parallels between prejudice against transgender people and discrimination rooted in racism and misogyny.

“Florida has enacted legislation and regulations that prohibit gender-affirming care for minors, even when it is medically necessary,” Hinkle wrote. “This ban violates the Constitution.”

The decision, which arose from a lawsuit filed by parents of transgender children and adults, was celebrated by many in the LGBTQ community as a significant triumph. While several states have recently banned gender-transition care for minors, Florida’s law was the first to restrict care for adults.”

Under the legislation, nurse practitioners were prohibited from prescribing hormones to transgender adults. Although doctors could technically provide care, a shortage of physicians meant that many transgender adults struggled to find accessible treatment. Some individuals left the state, while others went without necessary medical care.

Joey Knoll, who established Spektrum Health in Orlando in 2018 to provide healthcare to transgender individuals, stated that Hinkle’s ruling allows him and his team to promptly address a backlog of over 300 patients awaiting hormone prescriptions.

“Judge Hinkle clearly identified this as a situation involving bias and discrimination,” Knoll remarked. “He thoroughly examined the evidence and acknowledged that fact.”

Jeremy Redfern, press secretary for Governor DeSantis, indicated that the state plans to appeal the decision.

“In an email, Redfern wrote, ‘Under Governor Ron DeSantis, Florida will continue to fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology.’ He added that the law limiting transgender care was passed by elected representatives to protect the children of this state and that Hinkle was wrong to override their wishes.”

“These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror,” Redfern wrote.

In his decision, Hinkle, appointed by President Bill Clinton, referenced statements from DeSantis and Republican legislators regarding “mutilating our children,” yet noted the state provided no evidence that such surgeries have ever occurred in Florida.

The plaintiffs in the lawsuit did not contest the restrictions on surgeries.

Judge Hinkle also criticized the “frenzied rhetoric” from Tallahassee, highlighting a lawmaker who publicly referred to transgender witnesses during a committee hearing on a related bill as “mutants” and “demons,” which he described as “direct evidence of that member’s animosity.”

Furthermore, the law, in conjunction with regulations from the state’s Health Care Administration board, mandated that healthcare providers obtain patient signatures on lengthy forms that Hinkle deemed “inaccurate and misleading in significant ways.”

One of the Floridians who sued, Lucien Hamel, said the decision was a relief.

“The state has no place interfering in people’s private medical decisions, and I’m relieved that I can once again get the healthcare that I need here in Florida,” Hamel said in a statement released by the lawyers who represented him and others in the case.

The mother of another plaintiff, who sued under the name Susan Doe to protect her daughter’s identity, also cheered the ruling.

One of the plaintiffs in the lawsuit, Lucien Hamel, expressed relief at the decision.

“The state has no right to interfere in people’s private medical decisions, and I’m relieved that I can once again access the healthcare I need here in Florida,” Hamel said in a statement issued by the attorneys representing him and others involved in the case.

The mother of another plaintiff, identified as Susan Doe to protect her daughter’s identity, also celebrated the ruling.

“This decision means I won’t have to witness my daughter suffering unnecessarily because I couldn’t provide her with the care she needs,” she remarked in a statement. “Seeing Susan’s anxiety over this ban has been one of the most difficult challenges we’ve faced as parents. All we ever wanted was to alleviate that fear and support her in continuing to be the happy, confident child she is today.”

Judge calls DeSantis ban on transgender care unconstitutional https://www.washingtonpost.com/nation/2024/06/11/florida-lgbtq-trans-health/