Opponents of a Florida law banning medical care for transgender youth say in an appeals court that “political bullies,” including far-right Republican Gov. Ron DeSantis, are forcing families to decide a child’s future. He said his rights had been taken away.
The motion was filed in a brief filed with the 11th Circuit Court of Appeals in Atlanta, which ruled that the DeSantis Act bans gender-affirming care for transgender minors and restricts such treatment for adults. A final rule on the constitutionality of the law is scheduled to be issued in January.
“I love my child and I want her to get the medical care she needs,” said Jane Doe, parent of one of the plaintiffs, Susan Doe, an LGBTQ+ advocate and human rights activist. said in a submission by a coalition of organizations.
“As a parent, it is heartbreaking to see the hurt and harm that has been caused to children when their right to make health care decisions for their children has been taken away by political bullies.”
In June, a federal judge struck down the law after a lengthy legal battle, finding that Florida lawmakers acted with hostility toward minorities without considering science. DeSantis’ broader war on the LGBTQ+ community includes bathroom bills, a bill banning transgender athletes from women’s sports teams, and the infamous “Say it gay” ban on discussing sexual orientation and gender identity in classrooms. This includes laws such as
“Opponents of transgender people are certainly free to pursue their beliefs, but they are not free to discriminate against transgender individuals simply because they are transgender,” Justice Robert Hinkle wrote in a candid 105-page statement. stated in the judgment.
The appeals court in August put Hinkle’s ruling on hold pending its own deliberations, leaving the case open to active action early next year as state attorneys seek to defend one of the most extreme parts of DeSantis’ culture war agenda. Oral argument is scheduled.
“The evidence is very clear that hostility toward transgender people is driving these laws, including the governor, the medical board, and state legislators who have publicly expressed their disapproval of transgender people. “Transgender people are demons, devils, and mutants,” a legal statement from the National Center for Lesbian Rights (NCLR), one of the organizations that sued Florida, said after a series of truly abnormal statements and some calls that transgender people are demons, devils, and mutants. Surgeon General Joseph Ladapo spoke on behalf of Chief Shannon Minter and his family.
“However, there was also evidence that state health officials and medical boards radically departed from the normal process of arriving at a given outcome. All factors indicated that intentional discrimination was at work. If so, the law is unconstitutional.”
In his ruling, Hinkle agreed with that argument, noting that the state “failed to present evidence that any patient was adversely affected or regretted the treatment.”
It also attacked Republican lawmakers who approved the law.
“The evidence that the Animus motivated at least some people is overwhelming and certainly incontrovertible,” Hinkle wrote.
“Another called them ‘evil people’ and said supporters of (the bill) would ‘good riddance’ transgender individuals who left the state. Lawmakers loudly and proudly proclaim their bigotry.” As such, the defendant should not now be allowed to hide from that prejudice.”
DeSantis signed the health care bill in May 2023 as part of dozens of anti-trans and LGBTQ+ measures introduced by Republican administrations across the country, according to the Human Rights Campaign, another signatory of the lawsuit. It was established in May 2023.
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“They are trying to perform gender reassignment surgery on minors, giving them puberty blockers and doing things that are irreversible to them. This will make mutilation of minors forever illegal. ” DeSantis said at the bill signing ceremony, Reuters reported.
However, gender reassignment surgery for minors is rare and is only performed after detailed and lengthy discussions involving medical professionals. In 2022, PolitiFact reported that “they are literally cutting out the private parts of young children” after states cited only two examples of teenagers undergoing transition-related surgeries in the United States. It ranked DeSantis’ claim as “mostly false.” A senior living in California and reality TV star Jazz Jennings, who underwent gender reassignment surgery four months before her 18th birthday in 2018.
Despite what the group considers “overwhelming” evidence in their favor, Minter said the appeals panel should take into account the “mixed messages” coming from courts in recent transgender case decisions. I’m not sure which way it will lean.
Last month, the state reversed an Alabama lower court’s ruling that it was unconstitutional for the state to require transgender people to undergo reassignment surgery before changing the gender assigned on their driver’s license.
“The 11th Circuit said, ‘No, this law does not facially discriminate against transgender people. It just regulates medical care,’ but if a federal judge The court also held that if it was determined that the law was enacted for discriminatory purposes, it would be unconstitutional. ” he said.
“We argued that the Florida law was based on a discriminatory purpose, and Judge Hinkle issued an opinion, but the 11th Circuit quickly blocked the law, which is embarrassing and unusual. And that was something to be concerned about.
