A federal appeals court has lifted a lower court’s block on a Florida law that prohibits minors from undergoing transgender treatments and surgeries, paving the way for the state to enforce the ban.
The law, which was passed in May 2023, restricts the use of cross-sex hormones and puberty blockers, as well as procedures such as double mastectomies, for individuals under the age of 18. However, a federal district court ruled in June that the law was unconstitutional, sparking an appeal by the state.
On Monday, a three-judge panel for the U.S. Court of Appeals for the 11th Circuit issued a stay of the lower court’s ruling, allowing Florida to enforce the law while the appeal is pending. The majority ruling, written by Judges Britt Grant and Robert Luck, found that the state had made a strong showing that it was likely to succeed on the merits of the case.
The judges noted that the lower court had likely misapplied the standard of review in its ruling, and that Florida would suffer “irreparable harm” if it was unable to enforce the law. The harm, they wrote, would come from the state’s inability to implement the will of its legislature, protect public health, and prevent irreversible harm to children.
The stay is a significant development in the ongoing debate over transgender rights, and comes as several other states have passed similar laws banning transgender treatments for minors. The Florida law does not apply to individuals 18 years and older, but it does impose restrictions on the prescription and administration of cross-sex hormones to minors.
Under the law, minors who had begun receiving treatments before it was enacted will be allowed to continue, but surgeries will remain banned, even for those who had started treatment prior to the law’s passage. The law also requires physicians to obtain written consent from patients before prescribing cross-sex hormones, and to do so in person.
