Transgender treatment restrictions to continue in Florida under court ruling

A federal appeals court on Thursday declined to reconsider a previous ruling that allows Florida to impose restrictions on treatments for people with gender dysphoria while a legal battle over those restrictions continues.

In August, a three-judge panel from the 11th U.S. Circuit Court of Appeals granted Florida’s request to stay a ruling by U.S. District Judge Robert Hinkle. Hinkle had blocked the state’s restrictions, but the stay enabled Florida’s rules, including limitations on treatments like puberty blockers and hormone therapy, to remain in place while the court hears an appeal of Hinkle’s decision.

Last month, lawyers representing a transgender man and the parents of transgender children who are challenging the restrictions requested that the appeals court reconsider the stay. However, on Thursday, the panel, in a 2-1 decision, rejected the request.

The court did not provide an explanation for the decision, but Judges Britt Grant and Robert Luck, who were in favor of the stay in August, remained in the majority. Judge Charles Wilson dissented, as he had in the earlier decision.

In June, Judge Hinkle had issued an injunction against the restrictions, which were enacted by Gov. Ron DeSantis and the Republican-controlled Legislature in 2023. Hinkle ruled that the restrictions were partly driven by “animus” toward transgender people and violated equal protection rights.

The state appealed Hinkle’s ruling and sought a stay of the injunction. The law bars minors from starting treatment with puberty blockers or hormone therapy for gender dysphoria. It also mandates that only physicians, not nurse practitioners, can approve hormone therapy for adults, and prohibits the use of telehealth for new prescriptions. Critics argue that these restrictions limit access to hormone therapy for adults.