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Florida judge rules state ban on gender-affirming care for minors is unconstitutional

Senior Judge Robert Hinkle wrote on Tuesday that transgender people have a constitutional right to get legitimate treatment.
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A federal judge in Florida has struck down the state's laws that ban gender-affirming care for minors, finding that they are unconstitutional.

Senior Judge Robert Hinkle wrote on Tuesday that transgender people have a constitutional right to get legitimate treatment. He said the state's laws, which banned such treatment for minors and put heavy restrictions on the same for adult patients, was an overreach.

The judge's ruling also stops Florida from banning online treatment for transgender adults and stops requirements that transgender adults can only be treated by a doctor, rather than by other qualified professionals such as registered nurses.

Republican Gov. Ron DeSantis signed the law in 2023 after it passed the Republican-controlled statehouse.

His office released a statement after Judge Hinkle's ruling, promising to appeal.

“Through their elected representatives, the people of Florida acted to protect children in this state, and the Court was wrong to override their wishes,” the statement read. “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.”

Parents Devon and Robert Dolney stand with their 12-year-old child, Tate. The Dolneys are plaintiffs in the lawsuit seeking to overturn North Dakota's law banning gender-affirming care for children.

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Judge won't block North Dakota's ban on gender-affirming care for children

AP via Scripps News

Florida is one of 25 states that enacted rules to curtail or ban gender-affirming care for transgender minors. Most of the laws now face legal challenges.

Arkansas' ban was struck down as unconstitutional. The state has appealed that decision to the 8th U.S. Circuit Court of Appeals.

Some have sought a U.S. Supreme Court intervention in Tennessee's ban, and a judge has temporarily blocked a ban in Montana.