UAGO Protects Children From Experimental Medical Procedures

SALT LAKE CITY, UTAH-Attorney General Sean D. Reyes joined 21 attorneys general in filing an amicus brief supporting Florida's defense of a law protecting children from experimental medical procedures.

In May 2023, the Florida State Legislature passed-and Governor Ron DeSantis signed-SB 254, which prohibited sex changes for minors. Florida Agency for Health Care Administration Secretary Jason Weida explained that "Florida is following the science to elevate our standards of care to protect kids from harmful drugs and surgeries." Having lost in the legislature, the statute was challenged by Florida activists in federal court. Last month, the U.S. District Court for the Northern District of Florida enjoined Florida's enforcement of SB 254, leading Florida to appeal to the Eleventh Circuit.

In their brief, the coalition of attorneys general urged the Eleventh Circuit to stay the district court's injunction. Their argument was straight-forward: "The district court overrode the democratic process for resolving tough issues regarding the safety and welfare of children and exchanged its own view of the 'moral universe' for that of the people's representatives," with the upshot of "disregard[ing]…the presumption of legislative good faith." State officials "must be allowed a reasonable opportunity to experiment with solutions to admittedly serious problems," and "it is not" the "function" of federal courts "to appraise the wisdom" of those decisions. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 52 (1986) (citation omitted).

Joining Utah and Alabama on the brief were the States of Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.

Read the brief here.