A federal appeals court on Monday granted permission for Florida to enforce a ban on gender-affirming care for minors, overturning a previous lower court ruling that had blocked the ban while the case is under appeal.
The 11th U.S. Circuit Court of Appeals in Atlanta issued the 2-1 decision. The law reinstated by this ruling prohibits transgender minors from receiving puberty blockers and hormone treatments, even with parental consent. Additionally, the law mandates that transgender adults can only receive such treatments from a physician, not from a registered nurse or other medical practitioners. It also requires adults seeking treatment to be physically present with the physician when signing the consent form.
U.S. District Judge Robert Hinkle had previously blocked the law in June.
During the district court trial, Florida’s attorneys acknowledged that while the state cannot prevent individuals from pursuing a transgender identity, it can regulate the medical care they receive.
For minors, the law primarily affects access to puberty blockers and cross-sex hormones, such as administering testosterone to someone assigned female at birth. However, those who were already receiving treatment before the law was enacted in May 2023 were allowed to continue. The law also continues to ban surgery, which is rare for minors.
To date, at least 26 states have implemented laws that restrict or ban gender-affirming medical care for transgender minors, with many facing legal challenges. Federal judges have ruled such bans unconstitutional in Arkansas and Florida, although a federal appeals court has temporarily stayed the Florida ruling. In Montana, a judge’s order currently blocks the enforcement of a similar ban.
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The states that have passed laws restricting or banning gender-affirming medical care for transgender minors are: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.
