US District Judge Robert Hinkle delivered a significant victory for transgender rights by striking down a Florida rule and statute that prohibited state Medicaid payments for transgender healthcare. This defeat marks the second setback in two weeks for anti-transgender legislation in Florida.
Judge Hinkle declared the state’s practices unconstitutional, citing violations of the constitutional right to equal protection under the 14th Amendment, as well as the federal Medicaid statute and the Affordable Care Act’s prohibition of sex discrimination.
This ruling was not unexpected, as Judge Hinkle had previously issued a partial block on Florida’s ban on gender-affirming care for individuals under 18 on June 6.
In his 54-page ruling, Judge Hinkle emphasized the reality of gender identity and criticized those who oppose transgender existence, stating that they disapprove of anything related to being transgender and therefore oppose medical care that supports transgender individuals.
He acknowledged that gender identity is an authentic aspect of a person’s life, stating, “The elephant in the room should be noted at the outset. Gender identity is real. The record makes this clear.”
Similar laws banning gender-affirming care have been halted by district court judges in other states, such as Alabama, Arkansas, Indiana, and Oklahoma. However, Republican lawmakers have introduced over 500 bills restricting LGBTQ rights during the past legislative year, with more than 70 of them becoming law, according to the Human Rights Campaign.
The plaintiffs in this case included two transgender adults, August Dekker and Brit Rothstein, as well as two transgender minors who filed using pseudonyms. The opposition consisted of the Florida Agency for Health Care Administration (AHCA) and its secretary, Jason Weida.
Medicaid is a joint federal and state program designed to assist individuals with limited income and resources in covering medical costs, as defined by the US Department of Health and Human Services. Initially, the AHCA approved Medicaid payments for gender-affirming care, but in 2022, Governor Ron DeSantis ordered a reassessment that ultimately reversed the decision.
Judge Hinkle found that the subsequent analysis was biased and aimed at justifying a predetermined outcome rather than conducting a fair examination of the evidence. He criticized the AHCA for only retaining consultants known for their staunch opposition to gender-affirming care.
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