Court strikes down Florida ban on transgender operations for children, DeSantis to appeal

Published Jun. 11, 2024, 1:37 p.m. ET | Updated Jun. 11, 2024

Gov. Ron DeSantis, April 2023. (Photo/DeSantis' office)
Gov. Ron DeSantis, April 2023. (Photo/DeSantis' office)

TALLAHASSEE, Fla. – Gov. Ron DeSantis’ administration is appealing a Tuesday court ruling striking down Florida’s ban on transgender medical operations for children.

The ruling by U.S. District Judge Robert Hinkle for the Northern District of Florida stated that “gender identity is real,” and that “cross sex hormones” is part of “proper treatment” for minors choosing to identify with a gender not matching his/her biology.

“Florida has adopted a statute and rules that ban gender-affirming care for minors even when medically appropriate,” Hinkle wrote. “The ban is unconstitutional.”

DeSantis press secretary Jeremy Redfern told Florida’s Voice that the laws were adopted via the “people of Florida’s” elected representatives, and that the court “was wrong to override their wishes.”

“Florida will continue to fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology,'” Redfern said. “We will appeal this ruling.”

Hinkle nullified several subsections of Florida statutes that bar “sex-reassignment prescriptions” for minors, along with multiple provisions of Florida Administrative Code implementing the restrictions.

The ruling said that “gender-affirming care” includes administering puberty blockers and hormones/hormone antagonists.

Not all of Florida’s restrictions are struck down, Hinkle said, such as some regarding the “manner” such care can be given “when not banned.” The examples of unacceptable provisions include restricting “gender-affirming care” to physicians only, and having higher standards for who can conduct a patient’s annual assessments.

“We disagree with the court’s erroneous rulings on the law, on the facts, and on the science,” Redfern said. “As we’ve seen here in Florida, the United Kingdom, and across Europe, there is no quality evidence to support the chemical and physical mutilation of children. These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror.”

The case was brought on behalf of eleven individuals – four “transgender adults” and seven adults of “transgender minors.”

DeSantis in May 2023 signed the legislation to “protect the innocence” of children by restricting the transgender operations.

The bill, SB 254, was championed by Sen. Clay Yarborough, R-Jacksonville; and Reps. Randy Fine, R-Palm Bay, and Ralph Massullo, R-Lecanto.

“Florida is proud to lead the way in standing up for our children,” DeSantis said last year. “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy.”

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