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Florida’s Gender Care Ban for Minors Ruled Against by Judge

June 8, 2023 | By Kali Girl

Florida’s ban on gender transition care for minors faced strong criticism from a federal judge, reports the NY Times. Judge Robert L. Hinkle of Federal District Court in Tallahassee ruled that the families suing the state are likely to succeed in their claim that the ban is unconstitutional.

The ruling allows three transgender children to be prescribed puberty blockers, despite the state’s new law that creates additional obstacles for adults seeking similar care.

Judge Hinkle granted a preliminary injunction in response to an urgent request by the families of three children. These families, along with others, filed a lawsuit against the state of Florida in March, challenging a ban on gender transition care for minors

The judge granted a preliminary injunction in response to an urgent request by the families of three children. These families, along with others, filed a lawsuit against the state of Florida in March, challenging a ban on gender transition care for minors, including Gov. Ron DeSantis’ recent bill signed into law May 17.

“Gender identity is real,” Judge Hinkle wrote, adding that “proper treatment” can include mental health therapy followed by puberty blockers and hormone treatments. “Florida has adopted a statute and rules that prohibit these treatments even when medically appropriate.”

The plaintiffs specifically asked Judge Hinkle to block two parts of the law. The first part prohibits doctors and nurses from prescribing or administering transition-related medication to children, while the second part exposes medical providers to criminal liability and professional discipline for doing so.

This decision reflects the potential resistance that bans on transition care may encounter from judges, as legal challenges against such restrictions are mounting nationwide.

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