Court clears way for Florida to enforce ban on gender-affirming care for minors

Transgender minors in Florida cannot be prescribed puberty blockers or other hormonal treatments, even if their parents approve, while the state hashes out legal concerns over its gender-affirming care ban, a federal court ruled this week.

A federal appeals court this week removed a temporary hold on the enforcement of restrictions the state adopted last year in a wave of more than two dozen states that have sought to curb access to hormone replacement treatment for people younger than 18.

Youths already undergoing gender-affirming care measures when Florida Gov. Ron DeSantis (R) signed the law in May 2023 have been allowed to continue. Transition surgery is not permitted for anyone younger than 18 in Florida.

In a 2-1 ruling, the 11th Circuit judges determined that the law appeared to have been adopted in good faith out of health concerns and that there would be no reason to stop its enforcement while parents of transgender children and transgender adults challenged the law.

The court also ordered that the broader case be expedited.

According to KFF’s policy tracker, 26 states have enacted laws or policies limiting access to gender-affirming care for minors since 2021, and most of them create penalties for medical professionals who ignore the bans. Seventeen states are currently facing legal challenges to their restrictions, based on KFF’s analysis.

In the Florida case, the appeals court considered whether the state law was in the public interest and based on “legitimate concerns” about the effects of gender-affirming care for minors.

“As to harm to others, even with the law in effect, physicians may continue to prescribe and administer puberty blockers and hormones to adults. And minors who were already receiving them may continue to do so,” the order states.

The earlier hold on the law was the result of a judge’s ruling that the ban would be unconstitutional and discriminatory against transgender people seeking medical care.

DeSantis, who sought the GOP presidential nomination last year, has been a champion of the state’s efforts to restrict access to gender-affirming care for minors.

“Florida is proud to lead the way in standing up for our children,” he said of the legislation when he signed it. “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy.”