Florida Families File Brief Against Arbitrary Ban on Healthcare for Transgender Youth

Yesterday, Florida families challenging the state's ban on medical care for transgender youth urged the Eleventh Circuit to strike down the ban because it was based on animosity toward transgender people and has no basis in medical science. Striking down the ban would affirm the earlier lower federal court decision, which took this action based on this reasoning.

Federal district court Judge Robert Hinkle issued an order on June 11 declaring that Florida's ban on medical care for transgender youth and its unprecedented restrictions of care for transgender adults are unconstitutional and may not be enforced. Judge Hinkle issued his order after a multi-day trial including multiple witnesses and experts. In a 105-page decision, Judge Hinkle found that the evidence, including statements made by sponsors and key supporters of the law, overwhelmingly showed that a majority of legislators who voted for these restrictions on healthcare were "motivated by anti-transgender animus."

"I love my child and want to get her the healthcare she needs," said Plaintiff Jane Doe, parent of Susan Doe. "As a parent, it is heartbreaking to see my right to make healthcare decisions for my child taken away by political bullies, and the hurt and harm that has caused my child."

Following Judge Hinkle's order, the State of Florida appealed his decision to the Eleventh Circuit Court of Appeals, which will decide whether to affirm or reverse his decision. Last month, a panel of the Eleventh Circuit stayed Judge Hinkle's order pending its resolution of the appeal, which means that the challenged laws are currently in effect, depriving Florida families and transgender adults of the ability to obtain medical care.

As Judge Hinkle noted in his order, "the overwhelming weight of medical authority" supports making these treatments accessible to transgender people, and permitting Florida to enforce these arbitrary restrictions "will cause needless suffering for a substantial number of patients."

Judge Hinkle also found that the administrative process that resulted in Board of Medicine and Board of Osteopathic Medicine rules banning medical care for transgender minors was riddled with bias and radical departures from the Boards' ordinary practices, noting that "the Boards departed from their usual procedures, orchestrated public hearings, and single-mindedly pursued the predetermined outcome sought by the Governor and Surgeon General." Judge Hinkle further noted that the State of Florida had failed to identify even a single person who has been harmed by the provision of this healthcare in Florida.

The families and adults challenging Florida's restrictions are represented by GLBTQ Legal Advocates & Defenders (GLAD), Human Rights Campaign Foundation (HRC), National Center for Lesbian Rights (NCLR), Southern Legal Counsel (SLC), and Lowenstein Sandler LLP.

Further information about the case Doe v. Ladapo, including the July 11 order denying the State's request for a stay and the June 11 decision finding Florida's health care ban unlawful and blocking its enforcement are available here.

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Southern Legal Counsel, Inc. (SLC) is a Florida statewide not-for-profit public interest law firm that is committed to the ideal of equal justice for all and the attainment of basic human and civil rights. SLC's Transgender Rights Initiative protects the rights of Florida's LGBTQ+ community through federal impact litigation, policy advocacy, and individual representation.www.southernlegal.org

The Human Rights Campaign Foundation (HRC) is the educational arm of the Human Rights Campaign (HRC), America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people. Through its programs, the HRC Foundation seeks to make transformational change in the everyday lives of LGBTQ+ people, shedding light on inequity and deepening the public's understanding of LGBTQ+ issues, with a clear focus on advancing transgender and racial justice. Its work has transformed the landscape for more than 15 million workers, 11 million students, 1 million clients in the adoption and foster care system and so much more. The HRC Foundation provides direct consultation and technical assistance to institutions and communities, driving the advancement of inclusive policies and practices; it builds the capacity of future leaders and allies through fellowship and training programs; and, with the firm belief that we are stronger working together, it forges partnerships with advocates in the U.S. and around the globe to increase our impact and shape the future of our work.www.hrc.org

The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community's most vulnerable.www.nclrights.org

Through strategic litigation, public policy advocacy, and education, GLBTQ Legal Advocates & Defenders (GLAD) works to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation.www.glad.org

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