In a significant legal development, the U.S. Court of Appeals for the Eleventh Circuit has stayed a lower court ruling, allowing Florida to enforce its controversial laws that ban gender-affirming care for transgender minors and impose restrictions on transgender healthcare for adults.
The decision marks a pivotal moment in the ongoing legal battle over the rights of transgender individuals in Florida.
Court’s Decision and Legal Implications
On Monday, the Eleventh Circuit Court issued a 2-1 ruling in favor of Florida Surgeon General Joseph Ladapo and the Florida Board of Medicine (BOM), effectively permitting the state to implement Senate Bill 254 (SB 254), also known as “Treatments for Sex Reassignment.”
This law prohibits minors from accessing hormone replacement therapy (HRT) and imposes limitations on transgender healthcare for adults.
The ruling comes as the state appeals a June 2023 federal court decision that had previously declared the ban unconstitutional.
The appellate court’s decision to stay the lower court’s injunction means that SB 254 will remain in effect while the appeal process continues.
Judges Britt Grant and Robert Luck, both appointed by former President Donald Trump, formed the majority opinion, with Judge Charles Wilson dissenting.
In his dissent, Judge Wilson argued that the matter should be treated as a medical issue, best addressed by patients and healthcare professionals who have access to complete and unbiased information.
He also stressed the potential harm to plaintiffs if the stay were granted, highlighting the risk to children undergoing HRT or puberty blockers, who could face state intervention, and the threat of imprisonment, fines, or loss of license for healthcare providers.
Background and Legal Context
The Eleventh Circuit’s ruling overturns the decision made by U.S. District Judge Robert Hinkle on June 11, 2023. Judge Hinkle had ruled against the enforcement of SB 254, stating that the 2023 ban on puberty blockers and hormone replacement therapy for minors, as well as the restrictions for transgender adults, directly targeted transgender individuals and violated the constitutional rights of transgender people and their parents.
The legal challenge against SB 254 began in March 2023, when several Florida families filed a lawsuit arguing that the ban prevented necessary medical care for transgender youth and infringed upon parental rights.
In July, GLBTQ Legal Advocates & Defenders (GLAD) expanded the lawsuit to include four transgender adults, challenging the law’s impact on adult transgender healthcare.
The plaintiffs and various advocacy organizations have expressed profound disappointment in the Eleventh Circuit’s ruling.
They argue that the restrictions imposed by SB 254 are rooted in disapproval of transgender individuals and serve no purpose other than to harm transgender Floridians. The legal battle is set to continue as the case moves forward on appeal.
Broader Implications
The Eleventh Circuit’s decision is part of a broader national trend concerning transgender rights and healthcare. As of 2024, approximately 39.4% of transgender youth live in states that have enacted bans on transgender healthcare.
Across the United States, there are 642 bills targeting transgender healthcare, education, and legal recognition, with 79 being considered at the federal level and 45 already passed.
The outcome of this case could have significant implications for transgender rights in Florida and beyond, potentially setting a precedent for other states grappling with similar legislation.
