Posted on 06/11/2024 12:50:23 PM PDT by conservative98
Florida's blanket restrictions on medical care for transgender children were ruled unconstitutional by a federal judge on Tuesday, striking down a key pillar of Gov. Ron DeSantis' platform.
In his ruling from Tallahassee, U.S. District Judge Robert Hinkle invalidated a Florida health code rule and a new state law that prohibited Medicaid payments for puberty blockers and cross-sex hormones. He found these bans violated federal laws, including the Affordable Care Act's prohibition on sex discrimination in healthcare.
"Florida has adopted a statute and rules that ban gender-affirming care for minors even when medically appropriate," Judge Hinkle wrote in his 105-page order. "The ban is unconstitutional."
(Excerpt) Read more at newsweek.com ...
A defense lawyer found out that the judge held an ex parte (private) meeting with prosecutors, and a sworn witness, without notifying defense counsel. The defense lawyer starts telling the judge about what happened at the unlawful meeting when the judge stops him and says all that was ex parte, and demands that the lawyer tell him his source for the information. So the judge confirmed that he held an ex parte meeting with a witness who had refused to testify, but was suddenly ready to testify. And the judge proceeded to hold the lawyer in contempt, but couldn't seem to keep straight whether it was criminal contempt or civil contempt. Defense counsel moved for a mistrial. And then the best part, a lawyer shows up to represent the lawyer on the contempt charge — Ashleigh Merchant, from the Fani Willis vs. Donald Trump case.
Running commentary by lawyers. Enjoy.
https://www.youtube.com/watch?v=GK_rRq2Qado
Caught on Camera: Fulton County Judge BREAKS THE LAW! Fani Willis Had Secret Meeting!
https://www.youtube.com/watch?v=95AL5uje1fc
Fulton County CORRUPT Judge Has Attorney ARRESTED For Exposing His Crimes With Fani Willis!
https://www.youtube.com/watch?v=mvfM3PVR46E
Fulton County Judge EXPOSED by Trump Attorney Ashleigh Merchant for Secret Meeting with Fani Willis!
What’s this?
A property tax bill!
For the whole hospital system? Why?
Genital mutilation of minors. Say it, you POS!
And just WHEN would this be?
Agree! On to SCOTUS.
That “antisemitism” BS law is unconstitutional.
This decision hopefully will be appealed. It definitely needs to be.
ya
Will not withstand appellate court review.
Long from over, DeSantis has been very successful on winning cases on appeal.
That goes a long way toward making the case for the judge.
https://storage.courtlistener.com/recap/gov.uscourts.flnd.460963/gov.uscourts.flnd.460963.223.0.pdf
Jane DOE et al v Joseph A. LADAPO et al., FLND 4:23cv114-RH-MAF, Tallahassee Division, Document 223, Filed 06/11/24, ORDER ON THE MERITS
105pp.
At 2-3:
Dekker addressed Florida’s denial of Medicaid coverage for the same kinds of transgender services at issue in this case. Full and fair bench trials have been conducted in both cases.In this case, the plaintiffs assert an equal-protection claim (count II), and the parents assert a substantive-due-process claim based on the right to direct the upbringing of their children (count I). The defendants explicitly acknowledged in Dekker that preventing or impeding an individual from pursuing a transgender identity is not a legitimate state interest, and they have never receded from that concession. They assert instead that the statute and rules are a legitimate regulation of medical care and thus are constitutional in all respects.
At 4:
The kinds of care at issue are puberty blockers and cross-sex hormones. See Fla. Stat. § 456.001(9)(a). This order uses the term “gender-affirming care” to refer only to these two kinds of treatment, not to gender-affirming surgery.
At 8:
The elephant in the room should be noted at the outset. Gender identity is real. The record makes this clear. The defendants, speaking through their attorneys, have admitted it. At least one defense expert also has admitted it. That expert is Dr. Stephen B. Levine, the only defense expert who has actually treated a significant number of transgender patients. At least in his first appearance as a witness—in the Dekker trial—he addressed the issues conscientiously, on the merits, rather than as a biased advocate. He was not as forthcoming in his second appearance—in the trial of this case—but he explicitly stood by his prior testimony, and he again acknowledged that gender-affirming care is sometimes appropriate.
At 10:
The State of Florida can regulate as needed but cannot flatly deny transgender individuals safe and effective medical treatment—treatment with medications routinely provided to others with the state’s full approval so long as the purpose is not to support the patient’s transgender identity.
At 99-100:
Gender identity is real. Those whose gender identity does not match their natal sex often suffer gender dysphoria. The widely accepted standard of care calls for appropriate evaluation and treatment. For minors, this means evaluation and treatment by a multidisciplinary team. Proper treatment begins with mental-health therapy and is followed in appropriate cases by GnRH agonists and cross-sex hormones—referred to in this order as gender-affirming care. Florida has adopted a statute and rules that ban gender-affirming care for minors even when medically appropriate. The ban is unconstitutional.The statute and rules restrict the manner in which gender-affirming care can be provided when not banned. Some of the restrictions are constitutional; others are not. The invalid provisions include these: excluding professionals other than physicians from participating in gender-affirming care, even under the supervision of a physician; prohibiting APRNs from treating adults; requiring annual x-rays and DEXA scans without regard to an individual patient’s circumstances; allowing only psychiatrists or psychologists, not other licensed mental-health professionals, to conduct the required annual assessments; requiring follow-up care and labs more frequently than medically indicated; and requiring patients to sign consent forms that include false and misleading statements, address treatments the patient will not receive, are in some respects incomprehensible, and interfere with the physician patient relationship and an appropriate informed-consent process.
The plaintiffs are entitled to classwide declaratory and injunctive relief of appropriate scope against the appropriate defendants.
How can there be “sex discrimination” when the law bans treatment for both boys and girls.
Another Left Wing activist on the bench.
Off to SCOTUS to fix.
North Korea has a better judicial system, one more respecting of God and nature, than the former United States.
This is Satanism, preying on innocent children. Lake of fire worthy stuff.
100%, make the USSC to define the sexes by law. WINNING if we get a logical ruling.
One of the beliefs proposed in many of these cases is that children who allegedly want to change their sex have a higher suicide rate than the total population. I wonder if that rate is higher or lower after "gender affirming care," especially for those whose view of gender may revert to favor gender at birth eventually.
Once an adult the perverts can mutilate themselves all they want. But they called it “body modification “ back in the day and never claimed it to be necessary. When it comes to children, now,they give it the warm fuzzy “gender affirming care” monicker, “Who can be against affirmative care for children?” It is the usual democrat commie bastardization of language. “Lackoff rhymes with (thanks Rush) “ got this going in earnest for the lightworker Kenyan.
So no. Removing healthy body parts is never necessary. Adult or children. Now, adults take great pleasure mutilating children telling the world it is necessary with their evil lies.
“Gender dysphoria (GD), according to the Diagnostic and Statistical Manual of Mental Disorders (DSM 5), is defined as a “marked incongruence between their experienced or expressed gender and the one they were assigned at birth.” It was previously termed “gender identity disorder.” National Institutes of Health (NIH) (.gov)
Well, at least they’re willing to admit that it’s a “mental disorder, not a physical one...
Your DSM 5 is probably outdated. I’m sure they have “fixed” it by now. Just as they have fixed all the dictionaries to ensure they have an acceptable doublespeak definition of gender.
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