Judge Rejects Fla. Transgender Medicaid Restrictions

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Facts

  • On Wednesday, Florida’s restrictions on Medicaid coverage for gender dysphoria treatments, spearheaded by GOP Gov. Ron DeSantis, were ruled unconstitutional by US District Judge Robert Hinkle.1
  • Hinkle ruled that Florida’s rule and statute banning Medicaid payments for transgender healthcare violated the constitutional right to equal protection under the 14th Amendment, the federal Medicaid statute, and the prohibition of sex discrimination in the Affordable Care Act.2
  • The two-week trial was the result of a lawsuit filed by two adults and two parents of two transgender children against Florida’s Agency for Health Care Administration, which banned Medicaid payments for “sex-reassignment” treatments.3
  • The agency cited a report by researchers who oppose gender-reassignment therapies and classified the treatments as “experimental” and “not medically necessary.”3
  • Hinkle said Florida’s decision to stop Medicaid payment for these treatments was “political” and that people are entitled to payment for any treatments their healthcare providers recommend.4
  • This ruling comes weeks after Hinkle blocked a Florida ban on gender-reassignment therapies for minors, but that ruling applied just to three transgender youths whose families sued the state.5

Sources: 1Associated Press, 2Reuters, 3Miami Herald, 4The Hill, and 5POLITICO.

Narratives

  • Republican narrative, as provided by Daily Caller. Hinkle is way out of line in striking down these restrictions. Most of the developed world has similar restrictions on these treatments, which are largely considered experimental, and are definitely not medically necessary. The courts have decided that political correctness must come before protecting kids, who are too young to consent to such irreversible treatments.
  • Democratic narrative, as provided by Business Insider. Of course these restrictions break the law. They’re not based on any legitimate medical advice, and are instead a way for Republicans to try to score political points under the guise of protecting children. DeSantis has even made anti-trans policies a focal point of his 2024 run for the presidential nomination. Thankfully, the courts can step in.