Eleventh Circuit reinstates ban on access to gender-affirming care
On August 26, a divided panel of the 11th Circuit Court of Appeals stayed a federal district court decision blocking enforcement of the Florida laws banning health care for transgender minors and restricting it for transgender adults. The 2-1 ruling allows the state to enforce the laws while the Court hears Florida’s appeal of the June 11 decision finding that SB 254 and the Boards of Medicine rules unlawfully targeted transgender people.
Writing in dissent, Judge Wilson found that the district court had “identified sufficient record evidence to support concluding that the act’s passage was based on invidious discrimination against transgender adults and minors,” and that “withholding access to gender-affirming care would cause needless suffering.”
The organizations representing the plaintiffs in Doe v. Ladapo, GLBTQ Legal Advocates & Defenders (GLAD), Human Rights Campaign Foundation (HRC), National Center for Lesbian Rights (NCLR), Southern Legal Counsel (SLC), and Lowenstein Sandler LLP, issued the following statement in response to today’s ruling:
“We are deeply disappointed by this decision and the panel’s disregard for the district court’s careful findings and adherence to the Eleventh Circuit’s recent precedent. Allowing these discriminatory restrictions to go back into effect will deny transgender adults and adolescents lifesaving care, and prevent Florida parents from making medical decisions that are right for their children. As the district court found based on voluminous evidence, the record shows that these extraordinary restrictions were based on disapproval of transgender people and serve no purpose other than to harm transgender Floridians. The plaintiffs in this case are considering their options and will take every step possible to protect their right to equal treatment under Florida’s laws, which these restrictions egregiously violate. We will continue fighting for transgender Floridians and their families, and for everyone’s right to make healthcare decisions without government interference.”