Federal Judge Robert Hinkle ruled Tuesday that Florida’s ban on gender-affirming care for trans children is unconstitutional—taking down one of Governor Ron DeSantis’s signature “anti-woke” laws, which the judge described as “divorced from reality.”
In his ruling, Hinkle found that a “significant number of legislators” were motivated by animus to enact the trans health care ban. In legalese, a motivation of animus is an illegitimate basis to pursue legislation. Hinkle’s ruling provided numerous instances of legislators acting in prejudice against trans people, saying lawmakers “single-mindedly pursued the predetermined outcome sought by the Governor and Surgeon General” to ban gender-affirming care.
“Had there been no animus,” Hinkle wrote in his ruling, “gender-affirming care probably would not have come before the Legislature at all.”
Hinkle’s ruling also nuked every single part of the state’s requirements to severely restrict access to gender-affirming care—including requiring annual hand X-rays, in-person consent forms, restrictions on who can provide gender-affirming care and therapy, as well as excessive appointments and lab tests intended to make access to gender-affirming care cost-prohibitive to discourage people from pursuing care.
“If ever a pot called a kettle black, it is here. The statute and the rules were an exercise in politics, not good medicine,” Hinkle wrote.
“Where there is bigotry, there are usually—one hopes, always—opponents of bigotry,” Hinkle added, noting that medical professionals who treat people with gender dysphoria are frequently advocates for gender-affirming health care.
In Hinkle’s ruling, as with the preceding injunction leading to Tuesday’s ruling, Hinkle asserted “gender identity is real” and noted during arguments that even the defense—representing Florida’s surgeon general and Board of Medicine—acknowledged it as such. Hinkle also noted that the defense, which sought to uphold the trans health care ban, “explicitly admitted that prohibiting or impeding individuals from pursuing their transgender identities is not a legitimate state interest.”
Hinkle’s ruling further assessed that “gender-affirming care causes no harm to others—no harm to individuals who do not receive the care. Those who are not involved are not involved.” The court decision nukes any potential claim that access to gender-affirming care is somehow harmful to public health, a favored talking point of transphobes who simply can’t leave other people alone.
Source Agencies
