US judge in Florida blocks enforcement of state ban on gender-affirming care

By REUTERS

Published: JUNE 6, 2023 20:12

Students from New College of Florida stage a walkout from the public liberal arts college to protest against a proposed wide-reaching legislation that would ban gender studies majors and diversity programs at Florida universities, in Sarasota, Florida, U.S., February 28, 2023. (photo credit: REUTERS/OCTAVIO JONES/FILE PHOTO) — Students from New College of Florida stage a walkout from the public liberal arts college to protest against a proposed wide-reaching legislation that would ban gender studies majors and diversity programs at Florida universities, in Sarasota, Florida, U.S., February 28, 2023.

(photo credit: REUTERS/OCTAVIO JONES/FILE PHOTO)

A federal judge in Florida partially blocked the state from enforcing its ban on gender-affirming care, stating that the law was motivated by bigotry.

A federal judge in Florida on Tuesday partially blocked the state from enforcing its recent ban on people under 18 receiving gender-affirming care such as puberty blockers and hormone therapy, allowing three transgender children to continue with their treatment while hearing a lawsuit by seven families who sued to challenge the law.

The preliminary order, from US District Judge Robert Hinkle in Tallahassee, applies only to three transgender children in the lawsuit and their health care providers. It will remain in effect while the judge considers the lawsuit. The other four families did not join an emergency bid to block the law because they do not expect to need gender-affirming care in the immediate future.

"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," one of the plaintiff parents said in a statement, using a pseudonym for her child.

The offices of Florida Attorney General Ashley Moody and Governor Ron DeSantis did not immediately respond to requests for comment.

Florida Governor Ron DeSantis speaks during a book tour visit at Adventure Outdoors gun shop in Smyrna, Georgia, US March 30, 2023 (credit: REUTERS/ALYSSA POINTER)

Plaintiffs claim the ban violates rights to equal protection

Florida's medical licensing boards adopted bans on gender-affirming care for minors in March, and DeSantis last month signed a similar ban passed by the state legislature. It was the latest of a slew of laws passed by Florida and other states restricting many aspects of transgender people's lives, including medical care, participation in school sports and ability to change identifying documents.

The families said in their complaint that the bans violated their right to equal protection under the US Constitution and parents' right to make medical decisions for their children.

The children in the case range in age from eight to 14. Two have already been prescribed puberty blockers, and all of their parents expect they will need puberty blockers or hormones in the future.

While Wednesday's order is not a final judgment, Hinkle said the plaintiffs were likely to win. He harshly criticized the law as motivated by "bigotry," noting that one state legislator had called transgender witnesses at a public hearing "demons."