Federal Court Continues to Block Enforcement of Florida’s Ban on Medical Care for Transgender Youth, Rebukes State Defendants for “Misleading Assertions”
“With legislators having loudly and proudly proclaimed their [anti-transgender] bias, the defendants ought not be allowed to hide from it now”
Yesterday, federal district court judge Robert Hinkle denied the State of Florida’s request to stay a June 11 decision permanently blocking enforcement of Florida’s law banning health care for transgender minors and restricting it for transgender adults.
In a sharply worded opinion Thursday, Judge Hinkle rebuked the State of Florida for making “misleading assertions,” stating:
“With all the state’s resources and the full range of discovery available under the Federal Rules of Civil Procedure, the state was unable to present evidence of even a single instance of improper provision of care in Florida. The state was unable to present evidence of even a single departure in this state from the widely accepted Endocrine Society and WPATH standards of care. Perhaps most importantly, the state was unable to present evidence of even a single patient who suffered adverse consequences or came to regret care received in this state.”
In addition, Judge Hinkle noted that “the evidence that animus motivated at least some legislators is overwhelming, indeed undisputed,” citing evidence “that a legislator loudly called transgender individuals ‘demons’ and ‘imps,’ another called them ‘evil,’ and a sponsor said ‘good riddance’ to any transgender individual who left the state.”
“With legislators having loudly and proudly proclaimed their bias,” Judge Hinkle concluded, “the defendants ought not be allowed to hide from it now.”
The plaintiffs in Doe v. Ladapo 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.
“We are profoundly grateful that Judge Hinkle denied the state of Florida’s request to stay the order that restored access to gender-affirming healthcare for all transgender Floridians,” said Simone Chriss, Director of the Transgender Rights Initiative at Southern Legal Counsel. “I have the privilege of working with many of the providers in the state of Florida who provide medical care to the transgender community, and I am so grateful for the Court’s strong repudiation of the state’s misleading assertions and baseless attacks on these providers. This is a good day for Floridians.”
“The Court continues to find that this transgender healthcare ban was absolutely rooted in anti-LGBTQ+ animus and discrimination—not medicine,” said Sarah Warbelow, Human Rights Campaign Vice President of Legal. “This strong repudiation from Judge Hinkle is just another example of how laws targeting and attacking transgender youth are abuses of political power by discriminatory lawmakers. Transgender adults, youth, and their families deserve the same access and ability to make healthcare decisions with their own medical providers and we are glad to see that preserved in Florida.”
“The Court correctly denied the defendants’ request for permission to continue enforcing clearly unconstitutional restrictions on access to needed care based on pretextual government interests they never substantiated at trial,” said Thomas Redburn, partner at Lowenstein Sandler LLP. “ We are very pleased with the decision.”
“Today’s ruling forcefully reiterates that health care access must be based on sound principles of medicine, not politics or bias,” said Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD. “As the court found, the state of Florida has not been able to provide a single instance of a Florida transgender adolescent or adult receiving inappropriate treatment or experiencing regret over care they have received in the state. We are relieved that transgender people and their families in Florida will continue to be able to make the health care decisions that are right for them.”
“We are pleased the court will continue to enforce this important decision, which correctly found that Florida’s ban on lifesaving medical care for transgender youth and adults was based on bias, not facts,” said Shannon Minter, legal director of NCLR. “Like other similar laws around the country, Florida’s ban was passed impulsively, without any attempt to genuinely understand this area of health care or the best interests of transgender youth and their families. The State of Florida continues to ignore the facts and make unsupported and, in some cases, outlandish claims. We are grateful to Judge Hinkle for calling these state officials to task for their misrepresentations.”
Read the July 11 order denying the State’s request for a stay 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 (HRC) is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community. 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