A recent ruling by a federal appeals court in Atlanta has given permission for Florida to uphold a ban on gender-affirming care for minors, putting on hold a previous lower court decision against the ban while the case is under appeal. The 11th U.S. Circuit Court of Appeals approved the 2-1 decision, which reinstates a law preventing transgender minors from accessing puberty blockers and hormonal treatments, even with parental consent. Additionally, the law mandates that transgender adults can only receive treatment from a doctor and not from a registered nurse or any other qualified medical professional. Adults seeking treatment must have the physician present when consenting to the treatment.
In June, U.S. District Judge Robert Hinkle had initially suspended the law. Florida’s legal representatives acknowledged during the district court proceedings that the state cannot prohibit individuals from identifying as transgender, but maintained that they have the authority to regulate medical procedures.
The treatments affected by the law for minors primarily involve puberty suppression treatments and cross-sex hormones – such as administering testosterone to individuals identified female at birth. Those undergoing treatment at the time of the law’s enactment in May 2023 were permitted to continue. Surgery, a rare occurrence for minors, remained prohibited.
Around 26 states have implemented laws restricting or prohibiting gender-affirming medical care for transgender minors, with many of these facing legal challenges. While federal judges have invalidated bans in Arkansas and Florida deeming them unconstitutional, a federal appeals court has temporarily halted the Florida ruling. Furthermore, a judge has issued a temporary injunction blocking the enforcement of the ban in Montana.
The list of states that have enacted laws restricting or prohibiting gender-affirming medical care for transgender minors includes 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.
