TALLAHASSEE, Fla. — In a landmark decision, a federal judge has declared Florida’s new restrictions on gender-affirming treatment for children unconstitutional. The ruling, handed down by Tallahassee-based district court Judge Robert L. Hinkle on Tuesday, asserts that Governor Ron DeSantis and Republican lawmakers who supported the measure were not acting in the interest of public health.
Judge Hinkle’s Decision
Judge Hinkle, appointed by President Bill Clinton, criticized the motivations behind the law, likening the approach to acts of racism and misogyny. He wrote, “Enforcing this moral view is not, however, a legitimate state interest that can sustain this statute,” echoing arguments presented by the plaintiffs’ lawyers during the December trial.
The court’s decision is a significant victory for a coalition of human rights groups that argued the ban violated equal protection rights. Thomas Redburn, the lawyer representing the plaintiffs, stated, “Today’s ruling affirms the principle that individuals should be able to make informed decisions about their own personal medical treatments without discrimination by the State.”
State’s Response and Planned Appeal
Despite the ruling, Jeremy Redfern, spokesperson for Governor DeSantis, announced that the state of Florida would appeal the decision. “We disagree with the Court’s erroneous rulings on the law, on the facts, and on the science,” Redfern said. He cited a lack of quality evidence supporting gender-affirming treatments and suggested these procedures cause permanent, life-altering damage to children.
Broader Implications of the Ruling
Hinkle’s decision also invalidated additional restrictions for adults included in FL SB254 (23R), which DeSantis signed into law just over a year ago. These restrictions mandated that only doctors, not other medical professionals, could prescribe medication for gender-affirming treatment and required annual x-rays regardless of circumstance.
The law stemmed from a presentation by Florida Surgeon General Joseph A. Ladapo to the state boards of Medicine and Osteopathic Medicine in 2022, which led to the approval of similar restrictions through new rules. DeSantis later asked the Legislature to formalize these board rules, controversially describing gender-affirming care as involving castration, sterilization, and mastectomies for minors. Judge Hinkle noted in his ruling that such surgeries on minors are extremely rare.
Judge Hinkle’s Critique of DeSantis’ Statements
In his ruling, Hinkle explicitly called out DeSantis’ comments about castration as false, indicating that the governor’s intent was not to protect public health. “Whether based on morals, religion, unmoored hatred, or anything else, prohibiting or impeding a person from conforming to the person’s gender identity rather than to the person’s natal sex is not a legitimate state interest,” Hinkle wrote.
Impact on Future Legislation and Ongoing Legal Battles
The plaintiffs in the case included four transgender adults and seven parents representing transgender children. This case was the second major lawsuit against Florida’s efforts to block transgender care. In June of the previous year, Judge Hinkle had already issued a separate ruling that struck down rules by the state Agency for Health Care Administration banning Medicaid from covering gender-affirming care.
Additionally, Hinkle issued a preliminary injunction in June 2023, blocking part of the ban on transgender treatments for children for the plaintiffs. While the state has appealed this ruling, Hinkle’s more comprehensive decision could render that appeal moot.
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