Subpoena on ‘gender affirming care’ group temporarily halted amid legal dispute

TALLAHASSEE, Fla. (FLV) – The Florida Chapter of the American Academy of Pediatrics, a group that supports “gender-affirming care,” will not have to immediately respond to a Florida House subpoena amid an ongoing legal dispute.

A House committee voted to subpoena two medical groups that promote sex transition surgeries and operations for minors in April.

House Speaker Paul Renner, R-Palm Coast, said the state served subpoenas to entities that endorse “gender-affirming care” for minors to determine whether the medical consensus was a result of an “intellectually rigorous and open process.”

The subpoena required the groups provide the records by May 4, but the group requested both a temporary and permanent injunction to stop the subpoena, Florida’s Voice was told by a lawyer representing the group.

Chair of the Health and Human Services Committee Rep. Randy Fine, R-South Brevard County, previously signed subpoenas to the Florida Psychiatric Society and the Florida Chapter of the American Academy of Pediatrics.

“Last Monday, my committee voted to issue subpoenas to two organizations that say there’s overwhelming consensus-based, science-based support for this so-called ‘gender affirming care,'” Fine said on Thursday during the floor vote.

“We issued these subpoenas… if the science was on their side, they’d have nothing to hide. But guess what these organizations did?” he said. “They ran to a court and they asked for an injunction, not to have to show us the ‘so called’ science that exists to support this. Why? Because it doesn’t exist. This is not science.”

“This is a cult that is focused on the abuse of children, because if the science existed, they would have been more than happy to show it to us than show us why they are wrong,” Fine said. “They hired lawyers that went to court, say don’t make us have to prove it. Think of the absurdity of that statement.”

Barry Richard, lawyer for the Florida Chapter of the American Academy of Pediatrics, told Florida’s Voice that the subpoena is a violation of the First Amendment rights of the members of the group.

Recently, Richard amicably separated from Greenberg Traurig and started his own firm, the Barry Richard Law Firm.

“What they did was a violation of the first amendment rights of the members of the academy. It’s a private association, private individuals, and it required them to disclose their private communications and their personal positions on things, and their personal opinions,” Richard said. “I think was a clear violation of both First Amendment freedom of speech and First Amendment freedom of assembly.”

“We asked for both a temporary and a permanent injunction, we didn’t expect to get a permanent injunction yesterday because the judge has to give the other side an opportunity to respond, and if necessary, a hearing,” Richard told Florida’s Voice.

“So all we were asking for yesterday, is that the judge stay the date that we had to produce it, until after he moved on the merits on the permanent injunction,” Richard said.

Richard said Fine’s lawyer informed the court that they had no intention of issuing a contempt citation, before the judge had the final hearing, so the judge treated that as a stipulation by both parties.

“The Florida Psychiatric Society, a branch of the @APApsychiatric, and the Florida Chapter of the @AmerAcadPeds have just filed emergency injunctions to prevent sharing their ‘science’ justifying the castration and mutilation of children,” Fine. “This tells you all you need to know.”

Fine said the documents are “demanding production of all materials justifying their recommendation that castrating and mutilating children is ‘gender affirming care.’”

“Gender-affirming care” refers to gender dysphoria treatments including sex-reassignment surgeries, puberty blockers and cross-sex hormones.

The Health and Human Services Committee voted to allow Fine to subpoena the groups Monday.

“We have a situation here that affects the minors in this state, affects our children. A situation that in my opinion is child abuse. And when we have this type of situation, it’s our responsibility as human beings to leave no stone uncovered when we’re trying to find answers,” Rep. Adam Anderson, R-Palm Harbor, said in committee.

Renner authorized a House committee to investigate whether there was rigorous medical consideration in the endorsement of “gender-affirming care” standards for minors.

He said the committee is allowed to investigate “whether the integrity of the medical profession has been compromised by a radical gender ideology that stands to cause permanent physical and mental harm to children and adolescents.”

The move comes as Florida Republicans are passing legislation to ban certain gender dysphoria treatments including sex reassignment surgeries and medications for minors.

“What precedent are we setting by issuing the subpoena? Especially after we’ve already taken the steps of the bills that address this issue going through committee and then passing it on the House floor,” Rep. Ashley Gantt, D-Miami, said in committee.

Renner’s letter details how Florida’s Agency for Health Care Administration adopted a rule excluding certain gender dysphoria treatments from Medicaid coverage.

A lawsuit has been filed against the rule, where he said the plaintiffs rely on standards of care and guidelines for “gender-affirming care.”

“Those entities-including WPATI-I, the Endocrine Society, the American Academy of Pediatrics, and the American Psychiatric Association -responded by fighting vigorously to avoid any meaningful inquiry or disclosure,” Renner’s letter said.

The Florida Legislature passed a bill to ban sex reassignment surgeries and medications for minors on Thursday.