US Appeals Court Paves Way For Florida Ban On Trans Care For Minors (representational image)

On Monday, a federal appeals court in the US cleared the way for Florida to enforce a ban on gender-affirming care for minors. The decision by the court comes while blocking a lower court order against the ban while the issue is appealed. The 2-1 decision was issued by Atlanta’s 11th US Circuit Court of Appeals.

The law revived by the ruling prohibits transgender minors from being prescribed puberty blockers and hormonal treatments even if they have the permission of their parents. It also states that trans adults only receive treatment from a doctor and not from a registered nurse or other qualified medical practitioner. Adults who wish to undergo the treatment are required to be in the room with the physician when signing the consent form.

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Judge Wilson expressed his dissent and stated that the “act’s passage was based on invidious discrimination against transgender adults and minors… withholding access to gender-affirming care would cause needless suffering.”

District judge Robert Hinkle had blocked the law in June.

During the district court trial, Florida attorneys conceded that the state cannot stop someone from pursuing a transgender identity but said it can regulate medical care.

Around 26 states in the country have adopted laws that restrict or ban gender-affirming medical care for transgender minors. In Arkansas and Florida, federal judges have struck down the bans as unconstitutional; however, a federal appeals court stayed the Florida ruling.

In Montana, a judge’s order is in place temporarily blocking enforcement of the ban.

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For minors, the only treatments available are puberty-blocking treatments and cross-sex hormones. Surgery, rare for minors, was still blocked. Notably, those undergoing treatment when the law was adopted in May last year were allowed to continue.

In their statement following the ruling, LGBTQ organisations including GLBTQ Legal Advocates & Defenders (GLAD), Human Rights Campaign Foundation (HRC), National Center for Lesbian Rights (NCLR), Southern Legal Counsel (SLC), and Lowenstein Sandler LLP said, “We will continue fighting for transgender Floridians and their families, and for everyone’s right to make healthcare decisions without government interference.”