US appeals court clears way for Florida ban on transgender care for minors

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Andrew Feinberg

White House Correspondent

A federal appeals court Monday cleared the way for Florida to enforce a ban on gender-affirming care for minors, blocking a lower court order against the ban while the matter is appealed.

The 2-1 decision was issued by the 11th U.S. Circuit Court of Appeals in Atlanta. The law revived by the ruling prohibits transgender minors from being prescribed puberty blockers and hormonal treatments, even with their parents’ permission. It also required that transgender adults only receive treatment from a doctor and not from a registered nurse or other qualified medical practitioner. Adults who want the treatment must be in the room with the physician when signing the consent form.

U.S. District Judge Judge Robert Hinkle had blocked the law in June.

Florida’s attorneys had conceded during the district court trial that the state cannot stop someone from pursuing a transgender identity, but said it can regulate medical care.

For minors, the only treatments at issue are puberty blocking treatments and cross-sex hormones — giving testosterone to someone assigned female at birth, for example. Those who were undergoing treatment when the law was adopted in May 2023 were allowed to continue. Surgery, which is rare for minors, was still blocked.

At least 26 states have adopted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits. Federal judges have struck down the bans in Arkansas and Florida as unconstitutional, though a federal appeals court has stayed the Florida ruling. A judge’s order is in place temporarily blocking enforcement of the ban in Montana.

The states that have passed laws restricting or banning gender-affirming medical care for transgender minors: 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.