Learn more about the rules being promulgated by the Florida Boards of Medicine and Osteopathic Medicine to restrict access to treatment for gender dysphoria for minors in the state of Florida. Learn what you can do to get involved today!

LGBTQ+ and health advocacy groups Southern Legal Counsel, Lambda Legal, Florida Health Justice Project, and National Health Law Program, together with international law firm Pillsbury Winthrop Shaw Pittman LLP, filed a federal lawsuit today challenging Florida’s anti-transgender health care rule denying coverage for transgender Medicaid beneficiaries’ medically necessary gender-affirming medical care. The lawsuit, Dekker, et al., v. Marstiller, et al., Case No. 4:22-cv-00325-RH-MAF (Hinkle, J.), was filed in the U.S. District Court for the Northern District of Florida against the Florida Agency for Health Care Administration (AHCA), on behalf of four plaintiffs.

Florida House Bill 1557, commonly referred to as the “Don’t Say Gay” law, which bans discussion of sexual orientation and gender identity in grades K-3 and restricts such discussions for students through grade 12 based on undefined standards of appropriateness.

“Ignoring thousands of public comments and expert testimony, Florida’s AHCA has finalized a rule that will deny Medicaid coverage for all medically necessary gender-affirming care for both youth and adults. This discriminatory and medically unsound rule will take effect on August 21, 2022, putting transgender people in jeopardy of losing access to critical gender-affirming health care services.

“Southern Legal Counsel, Florida Health Justice Project, Lambda Legal, and National Health Law Program urge the Florida Board of Medicine to stop playing politics with people’s health care and not to adopt guidelines for a standard of care to treat gender dysphoria that are contrary to the evidence-based and overwhelming consensus that gender-affirming medical care for the treatment of gender dysphoria is safe, effective, and medically necessary.”

The lawsuit argues that the law, which bans discussion of sexual orientation and gender identity in grades K-3 and restricts such discussions for students through grade 12 based on undefined standards of appropriateness, effectively silences and erases LGBTQ+ students and families. The law demands that school districts implement its terms, and it empowers any parent to directly sue the school district if they are dissatisfied with its implementation of the law.

On June 17, 2022, the Florida Agency for Health Care Administration (AHCA) issued a Notice of Proposed Rule for a new rule that would deny Medicaid coverage for all medically necessary gender-affirming care for both youth and adults. Southern Legal Counsel, Florida Health Justice Project, Lambda Legal, and National Health Law Program are engaging in and carefully monitoring the rule-making process, and you can read their statements and obtain more information at ProtectFLtranshealth.org.

“Two weeks ago, we highlighted the fact that Governor DeSantis’s administration was intent on issuing a proposed new rule based on junk science and discredited so-called experts to justify denying Medicaid coverage for hormone therapy and other accepted medical interventions, as well as for gender-confirming surgery, for transgender Floridians. We expressed our concern that AHCA seemingly had predetermined the outcome, which today’s announcement makes all the clearer.”

Southern Legal Counsel (SLC) works to protect the rights of transgender individuals throughout Florida, including the rights of transgender youth to access medically necessary, gender-affirming care. SLC stands with transgender youth and families throughout Florida and seeks to provide clarity for those who are concerned about the impact of the guidance released yesterday.

SLC filed a lawsuit in federal court in January of 2020 challenging the State of Florida’s exclusion of coverage for the gender-affirming medical needs of transgender state employees, citing Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment to the United States Constitution.

The case is now at the summary judgment stage and is under consideration by the honorable Judge Mark Eaton Walker in the Northern District of Florida. Motions for summary judgment and other pleadings are on SLC’s Promoting LGBTQ+ Equality page.

As part of a strategic, targeted attack on the rights of LGBTQ+ individuals in the United States, over 250 anti-LGBTQ+ bills were introduced in state legislatures across the country this year, making 2021 the worst year for anti-LGBTQ+ legislation in recent history. The Florida Legislature was no exception.

In partnership with Equality Florida, the state’s largest statewide LGBTQ advocacy organization, Southern Legal Counsel has engaged with all 67 Florida school districts to educate their leadership, personnel, students and parents on how to affirm, support, and protect LGBTQ students and their rights.

Washington, D.C. (June 29, 2020) – The United States Conference of Mayors, along with organizations in South Carolina, Georgia and Louisiana devoted to their states’ ratification of the Equal Rights Amendment, today filed an amicus brief in support of Virginia, Illinois and Nevada in their lawsuit demanding the federal government add the ERA as the 28th Amendment to the U.S. Constitution.

Southern Legal Counsel submitted a letter to the U.S. Department of Housing and Urban Development (HUD) April 13 opposing a recently proposed HUD rule allowing faith-based organizations to participate in any HUD program or activity with “permissible accommodations” under the Religious Freedom Restoration Act.