Senate Bill 254, enacted in May 2023, prohibits certain medical procedures, including puberty blockers, cross-sex hormones and surgeries, for individuals under 18 years old. The legislation seeks to restrict the "destructive transgender surgeries and experimental drugs" for minors.
The law stipulates severe consequences for medical practitioners found to be violating the ban, including the suspension of their licenses. It also provided a legal pathway for minors who had undergone such procedures to sue for damages.
However, United States District Judge Robert Hinkle, appointed by former President Bill Clinton, paused the enforcement of SB 254 in June 2023. And on June 4 this year, Hinkle blocked the state from enforcing SB 254 on three minors involved in an ongoing lawsuit.
The preliminary injunction is specific to these three minors and does not extend to others who might seek similar care. But then, the ruling indicates that a key law component could be overturned as the legal challenge progresses.
In his comprehensive 44-page ruling, Hinkle argued that the procedures in question do not equate to sterilization or castration. He claimed that minors undergoing these treatments have not been intentionally sterilized in Florida or elsewhere. Thus, he denounced the ban as a politically motivated decision lacking a "legitimate state interest."
"Gender identity is real," he wrote in his order. "In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished."
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Moreover, Hinkle ruled that the law unconstitutionally discriminated based on sex, as it permitted healthcare providers to continue offering puberty blockers or hormone therapy to children and adults who are not transgender.
This view conflicts with the stance of the administration, which considers puberty blockers a method of medical sterilization and links certain transgender surgeries to castration.
In response to the ruling, DeSantis' press secretary Jeremy Redfern announced that the administration intends to appeal. Redfern stated that the state government believes they must protect children from harmful procedures related to gender transition. (Related: DeSantis declares Florida WILL NOT COMPLY with new Biden rule forcing schools to recognize LGBTQ-identifying students.)
"Through their elected representatives, the people of Florida acted to protect children in this state, and the court was wrong to override their wishes," Redfern stated. "We disagree with the Court’s erroneous rulings on the law, on the facts, and on the science. As we’ve seen here in Florida, the United Kingdom, and across Europe, there is no quality evidence to support the chemical and physical mutilation of children. These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror. Under Gov. Ron DeSantis, Florida will continue to fight to ensure children are not chemically or physically mutilated in the name of radical, New Age 'gender ideology.'"
Lawyers who represent the plaintiffs in court praised the decision in a statement.
"I'm sure most any parent can imagine the sense of powerlessness that comes from being unable to do something as basic as get medical care for your child," said Jane Doe, one of the unidentified plaintiffs who challenged the ban on behalf of herself and her daughter Susan. "Today my entire family is breathing a huge sigh of relief knowing we can now access the treatment that we know will keep Susan healthy and allow her to continue being the happy, confident child she has been."
Visit GenderConfused.com to read more stories about the Democrats' pro-LGBTQ push.
Watch a mother of six destroy gender activists in a speech at One Million March for Children.
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