A new Florida law restricting medical treatment for transgender adults and prohibiting such care for many transgender minors can proceed as a class action, a federal judge has decided.
Judge Robert Hinkle of the Northern District of Florida said plaintiffs have met their burdens for moving the case forward as a class action. In an Oct. 18 certification order, Hinkle said two classes would be established: one consisting of all transgender adults in the state who seek treatment such as puberty blockers, cross-sex hormones or surgery and another made up of all transgender minors seeking treatment with puberty blockers or hormone therapy, as well as their parents.
Hinkle also certified a subclass of the second class, which would consist of transgender minors who are specifically prohibited by the state law from seeking treatment through puberty blockers or cross-sex hormones. The subclass will also include the minors’ parents.
The Florida law, Senate Bill 254, allows minors who are currently receiving transgender treatment to continue receiving that treatment, although with some additional restrictions, according to Hinkle’s decision. And adults seeking similar transgender care are not prohibited from doing so, but they also face restrictions.
“The most important restriction is a requirement for in-person treatment by a physician – no telehealth, even by a physician, and no treatment, even in person, only by a different kind of healthcare professional without a physician,” the order certifying the classes states.
The plaintiffs’ attorneys in the case said in a joint statement that making the case a class action was the best option.
“Class certification provides the opportunity to secure the greatest relief for all of the Floridians – parents and their transgender children as well as transgender adults – who are being harmed by these laws,” the attorneys said in an email to the Florida Record.
Among the groups representing the plaintiffs in the litigation are GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights.
Hinkle concluded the plaintiffs’ call for a class action met all the legal requirements. The opinion points to statistics showing there are thousands of transgender adults in Florida, as well as thousands of transgender minors.
“These numbers are imprecise but accord with what is obvious anyway: The statutes and rules at issue affect far more than enough adults and minors to meet the numerosity requirement,” Hinkle said in the opinion.
The proposed class is also composed of individuals with common issues, according to the decision.
“The plaintiffs assert the statute and rules were the product of discriminatory animus,” Hinkle said. “That will be true or not true for every class member, without exception.”
In addition, the proposed class meets requirements that named plaintiffs are representative of the classes outlined and that the plaintiffs will protect the interests of the class, according to the opinion.
Hinkle compared the classes in the transgender-care case to class actions that were litigated in the 1960s and 1970s to desegregate Southern states.
“This action presents claims of discrimination on new grounds – transgender status, not race or gender – but the case is, at bottom, another in a long line of cases alleging unconstitutional discrimination by state actors,” the judge’s order says.
The defendants in the lawsuit include Florida Surgeon General Joseph Ladapo and the Florida Department of Health.