Federal Appeals Court Clears Florida Ban on Gender-Affirming Care

A federal appeals court has allowed Florida to enforce a ban on gender-affirming care for minors by blocking a lower court's order while the case is appealed. The law prohibits transgender minors from receiving puberty blockers and hormonal treatments, and requires adults to obtain treatment solely from doctors.

A federal appeals court Monday cleared the way for Florida to enforce a ban on gender-affirming care for minors, blocking a lower court order against the ban while the matter is appealed. The 2-1 decision was issued by the 11th US Circuit Court of Appeals in Atlanta.

The law revived by the ruling prohibits transgender minors from being prescribed puberty blockers and hormonal treatments, even with their parents' permission. It also required that transgender adults only receive treatment from a doctor and not from a registered nurse or other qualified medical practitioner. Adults who want the treatment must be in the room with the physician when signing the consent form.

US District Judge Robert Hinkle had blocked the law in June. Florida's attorneys conceded during the district court trial that while the state can't stop someone from pursuing a transgender identity, it can regulate medical care.

For minors, the only treatments at issue are puberty blocking treatments and cross-sex hormones. Those undergoing treatment when the law was adopted in May 2023 were allowed to continue, though surgery, which is rare for minors, remains blocked.

At least 26 states have adopted laws restricting or banning gender-affirming medical care for transgender minors, with most facing lawsuits. Federal judges have struck down similar bans in Arkansas and Florida as unconstitutional, though a federal appeals court has stayed the Florida ruling. A judge's order in Montana temporarily blocks enforcement of a similar ban.

The states that have passed laws including Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

(With inputs from agencies.)