United States District Judge Robert Hinkle struck down a 2023 Florida law that banned minors from receiving gender-affirming healthcare, and severely restricted treatment for adults. In his 105 page decision, Judge Hinkle argued that the state of Florida’s reach with this law went too far in banning minors from being prescribed hormonal treatments and puberty blocking medication even with parental permission. The decision will also effectively stop the state from requiring adults to receive care from doctors only, and expand care to be administered by a registered nurse or other licensed medical practitioner. The ban on online care for transgender adults was also struck down.
The decision was remarkable in its straightforward condemnation of politically-fueled bigotry, while calling for the support of transgender youth and adults in search of medical care. Judge Hinkel wrote with particular clarity about the realities of gender identity, and its differences from natal sex, writing:
“The elephant in the room should be noted at the outset. Gender identity is real. The record makes this clear. The defendants, speaking through their attorneys, have admitted it. At least one defense expert also has admitted it…Despite the defense admissions, there are those who believe that cisgender individuals properly adhere to their natal sex and that transgender individuals have inappropriately chosen a contrary gender identity, male or female, just as one might choose whether to read Shakespeare or Grisham. Many people with this view tend to disapprove all things transgender and so oppose medical care that supports a person’s transgender existence.”
Judge Hinkle goes on to outline the bigotry in question, writing in part, “The statute and the rules were an exercise in politics, not good medicine. This is a politically fraught area. There has long been, and still is, substantial bigotry directed at transgender individuals.” Continuing further, “Where there is bigotry, there are usually—one hopes, always—opponents of bigotry. It is hardly surprising that doctors who understand that transgender identity can be real, not made up—doctors who are willing to provide supportive medical care—oppose anti-transgender bigotry.”
Republican Florida Governor Ron DeSantis’ office fired back on Hinkle’s ruling, promising to appeal the decision. “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.”
Still, organizing leaders and advocates for accessible healthcare for transgender youth and adults celebrated Tuesday’s decision as a victory for the transgender community and their rights to healthcare. “Despite the Governor and his rubber-stamp GOP supermajority continuously stripping away our rights, brave plaintiffs, lawyers, and judges have dealt another powerful blow to DeSantis’s agenda of censorship, surveillance, and government intrusion into our personal healthcare decisions,” Nadine Smith, Executive Director of Equality Florida said in a statement to Teen Vogue. “We applaud the tenacious work of Southern Legal Counsel, GLBTQ Legal Advocates & Defenders, the Human Rights Campaign Foundation, the National Center for Lesbian Rights, Lowenstein Sandler LLP and the plaintiffs who brought this case forward.”
