Florida's Ban on Transgender Care Struck Down; State Officials Shocked to Learn Judges Can Do That
In a ruling that left Florida state officials scrambling for their civics textbooks, a federal judge has branded the state’s policies restricting gender-affirming care for minors and adults as "unconstitutional." Evidently, the concept that a judge might block policies based on principles laid out in the U.S. Constitution came as a surprise to some.
Judge Robert L. Hinkle, delivering a reality check straight from the bench, ruled on Tuesday that bans on puberty blockers and hormone therapy for minors "even when medically appropriate" for the treatment of "gender dysphoria" are indeed unconstitutional. Hinkle didn’t stop there; he also blocked parts of the Florida Board of Medicine and Board of Osteopathic Medicine rules that restrict transgender adult care. The mandatory consent forms, which he described as ‘false and misleading,’ evidently rubbed him the wrong way, as did attempts to interfere with the physician-patient relationship and the informed consent process.
However, the ruling didn't quite yank the entire rug from under Florida’s legislation. The lawsuit didn’t challenge the state’s prohibition on surgery for minors, so that particular rule remains untouched. It seems some battles are still left to be fought.
Reading between the smoldering lines of Judge Hinkle’s decision, one finds a clear indictment of the law's sponsors. He noted that ‘anti-transgender animus’ was a driving force, evidenced by inflammatory public comments made by the bill’s supporters. Florida Governor Ron DeSantis, who signed SB 254 into law in May 2023, might want to rethink his list of motivational speakers.
For transgender adults in Florida, particularly those like plaintiff Lucien Hamel who are in dire need of healthcare, the ruling brings a breath of fresh air amidst the legislative smog. Lucien expressed a great sense of relief to once again have access to essential healthcare in Florida.
The ruling also highlights further restrictions that were put in place, such as requiring transgender people to seek hormone therapy from a physician rather than another licensed healthcare provider, and necessitating in-person written consent, which banned receiving care via telehealth. Clearly, the lawmakers were not satisfied with just dabbling in micromanagement.
However, not willing to take the judicial slap on the wrist lying down, DeSantis' office promptly announced plans to appeal the ruling. His spokesperson stated that the court was wrong to override the wishes of the people of Florida, demonstrating that while the Constitution is strong, the will of state politicians is apparently stronger.
One of the more poignant voices in the aftermath came from Jane Doe, the mother of a 12-year-old trans girl, Susan Doe. Jane said the ruling means she won’t have to watch her daughter unnecessarily suffer because she can’t get the care she needs. It appears the heartstrings still occasionally outpull the purse strings in Florida.
The ruling indicated a shift in power dynamics, exposing that there might be checks to the checks, and balances to the balances. All eyes will be on the appeal process now to see whether Florida will double down on its legislative gamble or fold in favor of a more tolerant approach. Until then, Judge Hinkle’s decision serves as a timely reminder that judges can indeed do things—sometimes even very important, constitutionally significant things.
Authorities may need a refresher course on the separation of powers doctrine, but the rest of us can sit back and enjoy the inevitable jurisdictional dance-offs. For now, Floridians, especially those in the transgender community, can take solace in the fact that sometimes judges do more than just wear robes – they occasionally swing gavels with mighty precision.