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Jun 07, 2023

Ron DeSantis Loses in Court on His Anti

A federal judge on

A federal judge on Tuesday temporarily blocked portions of a new Florida law that bans transgender minors from receiving puberty blockers and cross-sex hormones, ruling that the state had no rational basis for denying patients treatment and saying that "gender identity is real."

Judge Robert Hinkle issued a preliminary injunction and said three transgender children could continue receiving treatment. The lawsuit challenges the law Gov. Ron DeSantis signed shortly before announcing his presidential run.

"The elephant in the room should be noted at the outset. Gender identity is real. The record makes this clear," Hinkle wrote in his ruling, adding that even a witness for the state agreed. Transgender medical treatment for minors was increasingly under attack even though it had been available for more than a decade and was endorsed by major medical associations, Hinkle said.

The law bans treatment with "GnRH agonists, known as puberty blockers, and cross-sex hormones" for minors. Hinkle wrote that the "treatments at issue are GnRH agonists, colloquially known as 'puberty blockers,' and cross-sex hormones."

"The overwhelming weight of medical authority supports treatment of transgender patients with GnRH agonists and cross-sex hormones in appropriate circumstances," Hinkle wrote. He said the plaintiffs would likely prevail as "qualified professionals have properly evaluated the children's medical conditions and needs in accordance with the well-established standards of care."

Hinkle issued a preliminary injunction against the defendants, writing that "the preliminarily enjoined parties must not take any steps to prevent the administration of GnRH agonists or cross-sex hormones" for the three children.

Hinkle said those who believed gender identity was a choice "tend to disapprove all things transgender and so oppose medical care that supports a person's transgender existence."

Banning treatment ignored risks to patients, Hinkle said. "There are risks attendant to not using these treatments, including the risk — in some instances, the near certainty — of anxiety, depression and even suicidal ideation," he wrote.

Hinkle said hormone treatments and puberty blockers were often used to treat non-transgender children, which meant that the law allowed their use for some but not others.

Hinkle said the three children in the lawsuit would "suffer irreparable harm" without treatment. Conversely, he wrote, "The treatment will affect the patients themselves, nobody else, and will cause the defendants no harm."

A spokesman for the governor's office did not immediately reply to a request for comment.

The injunction is a victory for civil-rights groups who argue the law discriminates against transgender people. But the ruling was narrowly focused on the three children, leaving the law in place for now. A trial is set for mid-2023.

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