A federal court on Tuesday issued a preliminary injunction allowing three transgender youths to receive puberty blockers despite Florida Board of Medicine’s rules and a new law, SB 254, banning gender-affirming care for transgender people under 18.
“Gender identity is real,” writes U.S. District Judge Robert L. Hinkle in his ruling. “… I find that the plaintiffs’ motivation is love for their children and the desire to achieve the best possible treatment for them. This is not the State’s motivation.”
This ruling was made as part of an ongoing lawsuit brought by seven Florida parents of transgender children against Florida, arguing that the state’s ban on treatment such as puberty blockers, testosterone and estrogen violates the U.S. Constitution’s 14th Amendment’s Equal Protection Clause. Three of the seven parents successfully requested and received this preliminary injunction.
In his 44-page ruling, Hinkle indicated that these parents will likely succeed in their claims that SB 254 and the Boards of Medicine rules banning treatment for transgender youth are unconstitutional.
“The plaintiffs are likely to succeed on their claim that they have obtained appropriate medical care for their children to this point, that qualified professionals have properly evaluated the children’s medical conditions and needs in accordance with the well-established standards of care,” Hinkle writes in his ruling.
Jennifer L. Levi, director of the Transgender Rights Project at GLBTQ Legal Advocates & Defenders, in an emailed statement to the Orlando Sentinel emphasized this part of the ruling.
“It’s important not to miss what the Court also said which is that the law and rules are likely to fail constitutional scrutiny once the Court has the chance to rule on the merits. That is a hugely important part of the ruling which sends a strong signal to medical providers and families about the likely demise of this ban,” Levi wrote.
Though these…
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