Federal judge strikes down Florida law that vetoes Medicaid funding for transgender treatment

A federal judge on Wednesday struck down Florida state rules pushed by its governor, Ron DeSantis, that restrict Medicaid coverage for gender dysphoria treatment and that could affect thousands of transgender people.

“Gender identity is real” and the state has admitted it, US District Judge Robert Hinkle wrote in a 54-page ruling.

The Florida health code rule and a new state law violated federal Medicaid laws, equal protection laws and the Affordable Care Act’s ban on discrimination based on sex, he added.

They are “invalid to the extent that they categorically prohibit Medicaid payment for puberty blockers and sex hormones for the treatment of gender dysphoria,” Hinkle wrote.

According to the magistrate, Florida had chosen to block payment for some treatments “for political reasons”, using a biased and unscientific process, and that “diverting people from their trans identity is not a legitimate interest of the state.”

DeSantis’ office did not immediately respond to an email requesting comment.

Hinkle’s harsh language was reminiscent of her ruling two weeks ago on a law that prohibits trans minors from receiving puberty blockers.

The judge, who was appointed by former Democratic President Bill Clinton, issued a preliminary injunction allowing three children to continue receiving treatment.

The DeSantis administration and the Republican-controlled state Legislature had banned gender-affirming treatments for minors, and a law signed by the governor in May made it difficult, or impossible, for many transgender adults to receive treatment.

The latest ruling responds to a lawsuit filed last year on behalf of two adults and two minors, but rights groups estimate that about 9,000 transgender people in Florida use Medicaid to finance their treatment.

Hinkle also addressed the question of whether gender-affirming treatments are medically necessary, noting that trans people have higher rates of anxiety, depression and suicide than the general population.

Medical care for trans minors is increasingly persecuted: Florida is one of 19 states that have enacted laws restricting or prohibiting treatments, which have been available in the country for more than a decade and are supported by major medical associations.

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