Parents challenge law that bans sex reassignment surgeries for minors

Lydia Nusbaum contributed to this report.

TALLAHASSEE, Fla. (FLV) – Parents of three transgender children are reportedly trying to get a federal judge to block a new Florida law that bans sex reassignment surgeries and medications for minors.

U.S. District Judge Robert Hinkle reportedly heard arguments Friday from an attorney representing the three families in a case that argues they are being stripped of the right to make medical decisions for their children.

The case came after Gov. Ron DeSantis signed a bill into law that bans sex reassignment surgeries and medications for minors, including cross-sex hormones and puberty blockers, which some doctors have used to treat gender dysphoria.

The parents reportedly did not appear in court Friday. Attorney Jennifer Levi said her “hope” is that the kids will “quickly” get the care they “need.”

“My hope is that what it means for these adolescents is that they will very quickly be able to be moving forward in getting the care that they need, but the judge is going to set the time frame for that,” Levi said.

For the minors already receiving medications such as puberty blockers and cross-sex hormones prior to the bill becoming law, their fate will be up to the Board of Medicine.

Following the bill becoming law, the Board of Medicine has 60 days to come up with emergency rules on whether minors can still use the drugs.

The Florida Board of Medicine and the Florida Board of Osteopathic Medicine at a joint meeting approved rules in 2022 banning these treatments for those under the age of 18.

State funds are prohibited from being used for these treatments. This includes state counties, municipalities, districts and commissions.

Physicians are required to receive written informed consent from adults receiving the surgeries or prescriptions.

The governor said it also gives the Florida courts temporary jurisdiction to intervene and halt procedures for out-of-state children.

“You have actually some states in this country that want to be a haven for these types of procedures, and even welcome minors without their parents consent,” DeSantis said. “We’re obviously doing the opposite here.”

The governor said it also creates a pathway for individuals to obtain damages when they were injured or killed after receiving sex reassignment surgeries or medications as minors.  

Democrats, including Rep. Anna Eskamani, D-Orlando, said there has been “sensational language” surrounding these treatments.

“These are your neighbors, your friends, loved ones, your co-workers,” she said. “They just want to be their authentic selves and access the health care they need to do so.”

Eskamani said people are moving out of the state to receive the “essential” medical care they can’t receive in Florida.

Rep. Randy Fine, R-South Brevard County, and Rep. Ralph Massullo, R-Lecanto, sponsored the bill in the House while Sen. Clay Yarborough, R-Jacksonville, handled the bill in the Senate.

Yarborough used his time to thank the governor for his leadership.

“As a dad of young children myself, I know you understand how important it is for parents to know what is going on with their children,” Yarborough said.

Fine reiterated, like he did during the floor debates, that “there is evil in this world and we are fighting it here today.”

“The fight that we have had here in Florida is about the fundamental nature of childhood itself,” Fine said.