Hinkle argued that Florida’s moves to prohibit doctors from providing and minors from receiving so-called “puberty blockers” and other hormonal treatments constitute “purposeful discrimination” against transgender people and are likely to be found unconstitutional.
“Nothing could have motivated this remarkable intrusion into parental prerogatives other than opposition to transgender status itself,” wrote Hinkle, an appointee of former President Bill Clinton. “The statute and the rules were an exercise in politics, not good medicine. This is a politically fraught area. There has long been, and still is, substantial bigotry directed at transgender individuals.”
“Common experience confirms this, as does a Florida legislator’s remarkable reference to transgender witnesses at a committee hearing as ‘mutants’ and ‘demons,'” Hinkle continued, referring to disparaging comments made in April by state Rep. Webster Barnaby (R-29).
Hinkle added that the families who joined the emergency motion for a restraining order and preliminary injunction would suffer “irreparable harm” if their adolescents were denied access to “medically necessary” care consistent with the guidance of every major medical organization in the United States.
“My husband and I have been heartbroken and worried sick about not being able to care for our daughter in the way we know she needs,” one of the plaintiffs, who is identified as Jane Doe and has a daughter named Susan, said in response to the ruling. “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.”
The civil rights groups representing the plaintiffs said that “today’s ruling is a powerful affirmation of the humanity of transgender people, the efficacy of well-established, science-based medical care, and of the rights of parents to make informed healthcare decisions for their children.”
“The court recognized the profound harm the state of Florida is causing by forcing parents to watch their kids suffer rather than provide them with safe and effective care that will allow them to thrive,” the groups continued. “We are incredibly relieved that these Florida parents can continue to get healthcare for their children while we proceed to challenge these bans and eventually see them fully overturned.”
AsPolitico reported, “The preliminary injunction does not apply to other minors who may wish to obtain treatment, but the ruling suggests that a key part of the law itself could get knocked down as the legal challenge proceeds.”
Florida’s boards of Medicine and Osteopathic Medicine adopted rules prohibiting doctors from offering gender-affirming care to trans youth in March. That ban was codified into state law when DeSantis signed S.B. 254 on May 17, one week before announcing his bid for the GOP’s presidential nomination.
But S.B. 254 goes much further than formalizing the state medical boards’ discriminatory rules. Among other things, it empowers Florida officials to take trans children away from their parents if they receive gender-affirming care. In addition to authorizing kidnapping, the law limits the ability of trans adults to start or continue receiving gender-affirming care and threatens to put doctors who violate the new restrictions behind bars.
S.B. 254 is one of several anti-trans laws that Florida Republicans and DeSantis have approved this year. Progressive advocacy groups issued a travel advisory for the state in April.
It is also one of 70 anti-trans laws enacted nationwide during the current legislative session. More than 525 bills attacking LGBTQ+ individuals, including over 220 that target trans people, have been introduced across the U.S. in recent months.
Before Hinkle issued his ruling on Tuesday, the Human Rights Campaign (HRC), one of the groups representing Florida parents, took the unprecedented step of declaring a “state of emergency” for LGBTQ+ people in the U.S.
Regarding the narrowly focused ruling, HRC and the other groups said it indicates that “the plaintiff parents are likely to succeed in their claims that S.B. 254 and the boards of medicine rules unconstitutionally strip them of the right to make informed decisions about their children’s medical treatment and violate the equal protection rights of transgender youth by denying them medically necessary, doctor-recommended healthcare.”
The groups added that “the challenge to the boards of medicine and S.B. 254 healthcare bans is likely to proceed quickly to trial.”
