Judge denies DeSantis’ request for 'mental examinations' for minors seeking gender-affirming care

07 February 2023

A federal judge ruled against Florida Governor Ron DeSantis' request for minors seeking gender-affirming treatment to be subjected to two-hour mental examinations, Orlando Weekly reports.

The ruling from U.S. District Judge Robert Hinkle comes as the two 13-year-old plaintiffs — identified as “Susan Doe” and “K.F.” in the case — are disputing a DeSantis-enforced rule banning gender-affirming care for transgender Florida residents.

Per Orlando Weekly, Hinkle said the defendants, attorneys representing the state Agency for Health Care Administration, did not succeed in proving why minors should undergo the examinations.

After DeSantis "approved the rule" to end Medicaid coverage for expensive treatments such as "puberty blockers, hormone therapy and gender-reassignment surgery," Orlando Weekly reports, "four transgender plaintiffs, including Susan Doe and K.F.," moved to challenge the rule in a lawsuit.

The plaintiffs argue that "treatment for gender dysphoria" is “medically necessary, safe and effective” for all transgender individuals, regardless of age.

Hinkle said to the attorneys challenging the need for treatment, “If you want to know whether these plaintiffs need this care, probably the crucial place to start is with the treating physicians who said they need this care." He continued, "My conclusion is these minors should not be compelled to undergo the requested examinations.”

But the state attorneys did not stop there. Last month, lawyers under DeSantis' administration filed a motion seeking “to confirm whether or not plaintiffs suffer from gender dysphoria” and “whether comorbidities, such as depression and anxiety, may be the root cause of plaintiffs’ emotional distress,” according to Orlando Weekly.

Although Hinkle originally denied their request, the judge "gave the state another chance" to provide evidence that exams would offer “the controlling substantive issue of whether treatments at issue are experimental."

Following suit, the attorneys submitted another request days later contending that Louisiana psychiatrist, Dr. Joshua Sanderson, who "believes medical treatment for gender dysphoria should be delayed until adulthood," would perform the mental evaluations.

Orlando Weekly reports that plaintiff Attorney Omar Gonzalez-Pagan asked Hinkle to deny the request, asserting that there "is no proven necessity here" for the exams.

“I don’t think that there has been any articulation in either a motion or today’s recitation before the court as to why it is absolutely necessary for there to be invasive and intrusive examination of two minor, 13-year-old plaintiffs,” Gonzalez-Pagan said.

In agreement, Hinkle said, “When you analyze the relative burden against the likely benefit, the balance comes out on the plaintiffs’ side of the scale. This examination is unlikely to provide much benefit."

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