ATLANTA– A federal appeals court on Monday cleared the way for Florida to enforce a ban on gender-affirming care for minors, blocking a lower court ruling against the ban while the case is on appeal.
The 2-1 decision was made by the 11th U.S. Court of Appeals in Atlanta. The law revived by the ruling prohibits transgender minors from being prescribed puberty blockers and hormone treatments, even with parental consent. It also required that transgender adults receive treatment only from a physician, not a registered nurse or other qualified health care practitioner. Adults seeking treatment must be in the same room as the physician when they sign the consent form.
U.S. District Judge Robert Hinkle blocked the law in June.
Florida attorneys conceded during the trial that the state cannot prohibit someone from pursuing a transgender identity, but said the state can regulate medical care.
For minors, the only treatments up for discussion are puberty blockers and cross-sex hormones — for example, giving testosterone to someone assigned female at birth. Those who were undergoing treatment when the law passed in May 2023 would be allowed to continue. Surgery, which is rare for minors, was still blocked.
At least 26 states have passed laws restricting or banning gender-affirming medical care for transgender minors, and most of those states are facing lawsuits. Federal judges have struck down the bans in Arkansas and Florida as unconstitutional, though a federal appeals court has stayed the Florida ruling. An injunction is in effect temporarily blocking enforcement of Montana’s ban.
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.