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Federal judge blocks Fla. trans health care ban and restrictions

Republican Gov. Ron DeSantis plans to appeal ruling

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The Florida Capitol (Washington Blade photo by Yariel Valdés González)

BY JACKIE LLANOS | Florida’s ban on puberty blockers and hormone replacement therapy for transgender minors and restrictions for adults are both unconstitutional, a federal judge ruled Tuesday.

U.S. District Judge Robert Hinkle, who presided over the case in Tallahassee, sided with the plaintiffs in the class action — parents of trans minors and trans adults — who argued the measure violated the U.S. Constitution because it solely targeted trans people.

“The federal courts have a role to play in upholding the constitution and laws. The state of Florida can regulate as needed but cannot flatly deny transgender individuals safe and effective medical treatment — treatment with medications routinely provided to others with the state’s full approval so long as the purpose is not to support the patient’s transgender identity,” Hinkle wrote.

Florida Surgeon General Joseph Ladapo. (Florida Channel screenshot)

Those restrictions came into place following Gov. Ron DeSantis’ approval of Senate Bill 254 in May 2023 and promulgation of rules from the Florida Board of Medicine and Florida Board of Osteopathic Medicine enacting that law. Those boards and Florida Surgeon General Joseph Ladapo were named as defendants.

The measures banned minors’ use of puberty blockers and hormone replacement therapy, common treatments for gender dysphoria. Additionally, the law said only physicians, psychologists, and psychiatrists could treat adults seeking gender-affirming care, with the added requirements of frequent in-person visits, tests, and authorization through a consent form that contained false information about the harms of hormone replacement therapy.

However, the law didn’t impose the same restrictions on cisgender women needing to take testosterone or cisgender men needing to take estrogen.

Appeal incoming

The state plans to appeal the ruling, said Jeremy Redfern, press secretary to DeSantis. An appeal would go to the 11th U.S. Court of Appeals.

“Through their elected representatives, the people of Florida acted to protect children in this state, and the court was wrong to override their wishes,” Redfern wrote in a statement to Florida Phoenix.

“We disagree with the court’s erroneous rulings on the law, on the facts, and on the science. 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.”

Redfern wrote that the state would continue to “fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology.’”

In his 105-page ruling, Hinkle noted that “there were no complaints from patients, no adverse results in Florida, just a political issue.”

However, the ruling does not lift the state ban on gender-affirming surgery for minors and restrictions on surgery for adults. That’s because the plaintiffs didn’t challenge the statutes relating to surgery for minors, and the adult plaintiff had not sought surgery and so lacked standing to challenge those restrictions.

Relief for plaintiffs

Plaintiff Gloria Goe (they used pseudonyms to protect the privacy of their children) is the mother of an 8-year-old (at the opening of the case) trans boy. During the opening day of the trial on Dec. 13, she testified that she feared her son would be swallowed by depression if forced to go through puberty without medical treatment.

“This ruling lifts a huge weight and worry from me and my family, knowing I can keep getting Gavin the care he needs, and he can keep being the big-hearted, smiling kid he is now. I’m so grateful the court saw how this law prevented parents like me from taking care of our children,” Goe wrote in a press release.

Attorneys with GLBTQ Legal Advocates and Defenders, Human Rights Campaign Foundation, National Center for Lesbian Rights, Southern Legal Counsel, and the Lowenstein Sandler law firm represented the plaintiffs.

Hinkle compared the discrimination trans people face nowadays to racism and misogyny.

“Some transgender opponents invoke religion to support their position, just as some once invoked religion to support their racism or misogyny,” Hinkle wrote. “Transgender opponents are of course free to hold their beliefs. But they are not free to discriminate against transgender individuals just for being transgender. In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished.”

Editor’s note:

In a statement made to the Los Angeles Blade after Tuesday’s rule, Shannon Minter, the legal director for the National Center for Lesbian Rights said:

“This decision is important because is the first federal court to rule on a law restricting healthcare for transgender adults and because it finds that Florida’s laws are plainly based on anti-transgender bias, not science. This victory shows that we can and must keep fighting these dangerous laws, notwithstanding the deeply flawed rulings of some conservative appellate courts.

Judge Hinkle ruled in favor of the transgender plaintiffs in this case even after the negative 11th Circuit ruling that reversed our initially successful challenge to a similar ban in Alabama. He was able to do so because the evidence showing that these laws have no medical justification and are rooted in false stereotypes and bias was so strong. This is a huge victory, and one that shows that we can win these battles even in red states.”   

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Jackie Llanos is a recent graduate of the University of Richmond. She has interned at Nashville Public Radio, Virginia Public Media, and Virginia Mercury.

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The preceding article was previously published by The Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

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(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

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Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections

Bipartisan coalition urges Florida House to reject ‘extremism’ measure

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The Florida Capitol (Washington Blade photo by Yariel Valdés González)

The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.

According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.

“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.

Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.

Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.

“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.

“It’s unknown, and we’re really in unchartered waters,” he said.

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Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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