In 2-1 ruling, 11th Circuit Allows Florida Transgender Health Ban to Take Effect Pending Action on State’s Appeal of Decision Blocking the Law
a divided panel of the 11th Circuit Court of Appeals stayed a federal district court decision blocking enforcement of the Florida laws banning health care for transgender minors and restricting it for transgender adults. The 2-1 ruling allows the state to enforce the laws while the Court hears Florida’s appeal of the June 11 decision finding that SB 254 and the Boards of Medicine rules unlawfully targeted transgender people.
Writing in dissent, Judge Wilson found that the district court had “identified sufficient record evidence to support concluding that the act’s passage was based on invidious discrimination against transgender adults and minors,” and that “withholding access to gender-affirming care would cause needless suffering.”
The organizations representing the plaintiffs in Doe v. Ladapo, GLBTQ Legal Advocates & Defenders (GLAD), Human Rights Campaign Foundation (HRC), National Center for Lesbian Rights (NCLR), Southern Legal Counsel (SLC), and Lowenstein Sandler LLP, issued the following statement in response to today’s ruling:
“We are deeply disappointed by this decision and the panel’s disregard for the district court’s careful findings and adherence to the Eleventh Circuit’s recent precedent. Allowing these discriminatory restrictions to go back into effect will deny transgender adults and adolescents lifesaving care and prevent Florida parents from making medical decisions that are right for their children. As the district court found based on voluminous evidence, the record shows that these extraordinary restrictions were based on disapproval of transgender people and serve no purpose other than to harm transgender Floridians. The plaintiffs in this case are considering their options and will take every step possible to protect their right to equal treatment under Florida’s laws, which these restrictions egregiously violate. We will continue fighting for transgender Floridians and their families, and for everyone’s right to make healthcare decisions without government interference.”
Further information about the case Doe v. Ladapo is available here.
Southern Legal Counsel, Inc. (SLC) is a Florida statewide not-for-profit public interest law firm that is committed to the ideal of equal justice for all and the attainment of basic human and civil rights. SLC’s Transgender Rights Initiative protects the rights of Florida’s LGBTQ+ community through federal impact litigation, policy advocacy, and individual representation. www.southernlegal.org
The Human Rights Campaign (HRC) is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community. www.hrc.org
The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ+ community’s most vulnerable. www.nclrights.org
Through strategic litigation, public policy advocacy, and education, GLBTQ Legal Advocates & Defenders (GLAD) works to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation. www.glad.org