Transgender treatment limitations will persist in Florida following a court judgment. A federal appeals court refused Thursday to revisit a decision that permitted Florida to limit treatments for persons with gender dysphoria while a legal dispute against the limitations was ongoing.
In August, a three-judge panel of the 11th Circuit Court of Appeals granted Florida’s request for a stay of U.S. District Judge Robert Hinkle’s order that banned the limitations. The stay effectively meant that limits on treatments such as puberty blockers and hormone therapy may remain in effect. At the same time, the Atlanta-based court considered an underlying appeal of Hinkle’s decision.
Last month, attorneys for a transgender man and parents of transgender children who are challenging the limits urged the appeals court to review the stay. However, the panel denied the request 2-1 on Thursday. The panel’s reasoning was not explained in Thursday’s judgment, although Judges Britt Grant and Robert Luck were in the majority, as they were on August 26 when the stay was granted. Judge Charles Wilson dissented, as he had in August.
In June, Hinkle ordered an injunction against the limits adopted by Gov. Ron DeSantis and the Republican-controlled Legislature for 2023. Hinkle concluded that the limits were motivated by “animus” against transgender persons and violated equal-protection rights. The state challenged Hinkle’s ruling and requested a stay of the injunction. The law prohibited children from receiving puberty blockers and hormone therapy for the treatment of gender dysphoria. It also prohibited the use of telemedicine for new prescriptions and restricted hormone therapy approval for adults to physicians rather than nurse practitioners. Opponents complained that the limits limited adults’ access to hormone therapy.
