Judge's Gavel Court

Led By Alabama, 23 States File Amicus Brief Supporting Florida Ban On Child Sex Changes

Judge's Gavel Court
Judge’s Gavel. TFP File Photo

A coalition of 23 states, led by Alabama, has submitted an amicus curiae brief to the U.S. Court of Appeals for the Eleventh Circuit, backing Florida’s appeal in the case Jane Doe et al. v. Surgeon General, State of Florida. The case revolves around Florida’s law restricting certain medical procedures for minors seeking gender-transition treatments.

The amicus brief, filed by Alabama Attorney General Steve Marshall and supported by attorneys general from 22 other states, argues that the presumption of legislative good faith should protect Florida’s legislative efforts to regulate sex-change procedures for minors.

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The states contend that such regulations, which have been enacted in many jurisdictions, aim to protect minors from irreversible medical interventions.

Florida’s law, passed by the state legislature, restricts minors from accessing puberty blockers, cross-sex hormones, and gender-transition surgeries. The state argues that these medical treatments have long-term consequences and that minors should wait until adulthood to make such decisions.

The brief criticizes the lower court’s ruling, which blocked the law from taking effect, arguing that it misapplied the legal presumption of good faith by presuming animus rather than deferring to the state’s judgment on a matter of public health. The coalition asserts that Florida’s law does not target transgender individuals but instead aims to regulate specific medical procedures that pose significant risks to children.

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The brief further highlights the involvement of medical organizations like the World Professional Association for Transgender Health (WPATH), suggesting that political motivations, rather than scientific consensus, influenced WPATH’s guidelines on gender-affirming care.

This legal support comes as the Eleventh Circuit is set to review the district court’s decision that Florida’s law unlawfully discriminates against transgender individuals. The case could have far-reaching implications, not only for Florida but for states across the country that have implemented or are considering similar laws.

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