Topline
A federal judge granted a preliminary injunction Tuesday against Florida’s ban on gender-affirming care for minors and legal punishments for doctors who provide the care, temporarily blocking the law while parents of transgender children sue the state, arguing the ban is unconstitutional and limits their parental rights to make medical decisions for their children.
A judge granted a preliminary injunction against legislation signed into law by Florida Gov. Greg … [+]
Key Facts
Parents of transgender students requested the law be blocked while they sue, claiming the ban infringes upon their “constitutionally protected rights to make medical decisions for their children” and arguing that if it goes into effect before they get a chance to challenge it legally, it could cause “irreparable harm” for children who need care now.
In May, Republican presidential candidate and Florida Gov. Ron DeSantis signed into law a ban on medical care for transgender youth, which also made it a felony for doctors to provide the care, adding to DeSantis’ movement toward legislation restricting LGBTQ+ rights.
In his judgment, Clinton-appointed U.S. District Judge Robert Hinkle agreed with the parents and said “gender identity is real,” gender-affirming care is “medically necessary” and that Florida’s legal guidelines in question were motivated, in part, to discourage “individuals from pursuing their honest gender identities.”
Crucial Quote
“I find that the plaintiffs’ motivation is love for their children and the desire to achieve the best possible treatment for them. This is not the State’s motivation, Hinkle wrote in his opinion granting the injunction.”
Key Background
DeSantis has made LGBTQ issues a key facet of his culture war while he attempts to roll back rights for transgender people amid a run for the White House. He notably championed Florida’s “Don’t Say Gay” bill—which prohibits classroom instruction on sexual orientation and gender identity and has led to a battle with Disney. He isn’t the only Republican in favor of gender-affirming care bans, though: DeSantis’ signing made Florida the 15th state at the time to establish such a ban. In the 2023 legislative session, 130 pieces of legislation were introduced attempting to prohibit healthcare for LGBTQ people, according to the American Civil Liberties Union. Other states like Arkansas—which became the first state to ban gender-affirming care in 2021—and Kentucky have also banned transgender students from using school bathrooms that match their gender identity.
Further Reading
Texas Bans Gender-Affirming Care For Minors—Here Are All The States With Similar Bans Or Restrictions (Forbes)
Federal judge freezes Florida gender-affirming care bans (Axios)
Florida Judge Blocks Extreme Anti-Trans Law: “Gender Identity Is Real” (The New Republic)
Source: https://www.forbes.com/sites/mollybohannon/2023/06/06/gender-identity-is-real-judge-temporarily-blocks-floridas-ban-on-gender-affirming-care-for-minors/