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Federal Appeals Court Allows Florida Ban On Gender-Affirming Care

Lucas prepares his weekly testosterone shot at his home in Casselberry, Fla., May 29, 2023. The Associated Press is not using Lucas' last names because he fears reprisal. (AP Photo/Laura Bargfe

A federal appeals court in Atlanta has given the green light for Florida to implement a ban on gender-affirming care for minors, overturning a previous ruling that had blocked the ban. The 2-1 decision by the 11th U.S. Circuit Court of Appeals reinstates a law that prohibits transgender minors from receiving puberty blockers and hormonal treatments, even with parental consent.

The law also stipulates that transgender adults must receive treatment only from a physician and not from other medical practitioners. Additionally, adults seeking gender-affirming care must be present with the physician when signing consent forms.

U.S. District Judge Robert Hinkle had initially halted the enforcement of the law in June, but the recent appeals court decision has allowed Florida to move forward with the ban while the legal battle continues.

Florida's legal team argued that while individuals have the right to pursue a transgender identity, the state has the authority to regulate medical care, particularly for minors. The banned treatments for minors include puberty blockers and cross-sex hormones, with exceptions made for those already undergoing treatment at the time the law was enacted in May 2023.

Notably, the law does not permit gender-affirming surgeries for minors, a procedure that is rare in this age group. The ruling in Florida is part of a broader trend across the United States, with 26 states having passed laws restricting or prohibiting gender-affirming medical care for transgender minors.

While federal judges have deemed bans in Arkansas and Florida unconstitutional, the legal landscape remains complex, with ongoing legal challenges in various states. In Montana, for instance, a judge has temporarily blocked the enforcement of a similar ban.

The states that have enacted laws limiting gender-affirming care for transgender minors include Alabama, Arkansas, Arizona, Florida, Georgia, and others. These laws have sparked debates over the rights of transgender individuals and the role of state regulation in medical care.

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