- Plaintiffs:
- Jane Doe, individually and on behalf of her minor daughter, Susan Doe
- Brenda Boe, individually and on behalf of her minor son Bennett Boe
- Carla Coe, individually and on behalf of her minor daughter Christina Coe
- Fiona Foe, individually and on behalf of her minor daughter Freya Foe
- Defendants:
- Joseph A. Ladapo, in his official capacity as Florida’s Surgeon General of the Florida Department of Health
- Florida Board of Medicine
- Scot Ackerman
- Nicholas W. Romanello
- Wael Barsoum
- Matthew R. Benson
- Gregory Coffman
- Amy Derick
- David Diamond
- Patrick Hunter
- Luz Marina Pages
- Eleonor Pimentel
- Hector Vila
- Michael Wasylik
- Zachariah P. Zachariah
- Maria Garcia
- Nicole Justice; in their official capacities as members of the Florida Board of Medicine
- Florida Board of Osteopathic Medicine
- Watson Ducatel
- Tiffany Sizemore Di Pietro
- Gregory Williams
- Monica M. Mortensen
- Valerie Jackson
- Chris Creegan
- William D. Kirsh; in their official capacities as members of the Florida Board of Osteopathic Medicine
- Filed: 23 Mar 2023
- Case no.: 4:23-cv-00114 (Northern District of Florida Tallahassee Division)
- View docket on PACER
- View case at GLAD
- See related case: Dekker v. Weida and Florida Agency for Health Care Administration
Summary
The case challenges Florida Board of Medicine Rule 64B8-9.019 and Florida Board of Osteopathic Medicine Rule 64B15-14.014 (“Standards of Practice for the Treatment of Gender Dysphoria in Minors”). These regulations prohibit physicians from providing any gender-affirming medical treatment, such as puberty blockers, hormone therapy or surgeries, to youth under the age of 18. These rules take effect on 16 Mar 2023 and 28 Mar 2023. Southern Legal Counsel, GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and the Human Rights Campaign argue that the defendants’ actions in passing the Standards of Practice have deprived the plaintiffs of substantive due process and equal protection under the Fourteenth Amendment.
Read more: “SLC and Partner Organizations File Suit Challenging Florida Board of Medicine Ban on Medical Care for Transgender Youth” (Southern Legal Counsel, 23 Mar 2023)
Documents
- 1 – Complaint for declaratory and injunctive relief (23 Mar 2023)
Background
- Gender Analysis:
- Florida Department of Health Guidance Against Transgender Youth Healthcare Contains False Statements and Misrepresentations and Should Not Be Used by Anyone (25 Apr 2022)
Reviewing the FLDOH 20 April 2022 initial anti-trans guidance prior to their petition to the Board of Medicine. - Florida’s anti-trans expert Dr. Quentin L. Van Meter was discredited on trans youth care in court, believes trans people are “delusional”, and promotes anti-gay conversion therapy (1 Aug 2022)
History of anti-gay and anti-trans activism by Quentin Van Meter, a witness for the state of Florida at the 5 Aug 2022 Board of Medicine hearing on the trans youth care ban. - Catholic Medical Association members wrote a majority of Florida Medicaid’s anti-trans expert reports. Last year, CMA declared a faith-based commitment against approving of any transition care. (25 Aug 2022)
Examining the affiliations of several authors of the AHCA’s anti-trans expert reports, which were submitted by FLDOH in their rulemaking petition to the Board of Medicine.
See also: CMA against Florida: Catholic Medical Association members Hruz, Van Meter, and Lappert have worked with Alliance Defending Freedom since 2017 to develop a group of anti-trans expert witnesses (1 Sep 2022) - Rapid response: Live coverage of Florida Board of Medicine 28 October 2022 anti-trans rulemaking meeting
Live tweets of the joint Boards of Medicine hearing featuring state expert witnesses Michael Biggs, Dr. Michael K. Laidlaw, and Dr. Riittakerttu Kaltiala, as well as several detransitioners active in interstate anti-trans campaigning. - Tracking organized anti-trans submissions to the Florida Board of Medicine October 28 meeting, which passed a ban on medical transition for trans youth (1 Nov 2022)
Analysis of the involvement of known anti-trans campaigners and organizations in thousands of pages of public submissions to the Boards. - Gender Analysis calls for a hearing on undisclosed conflicts of interest, patterns of bias and additional improper actions by the Board of Medicine and Board of Osteopathic Medicine during the rulemaking processes (3 Dec 2022)
Our complaint to the Boards of Medicine regarding: the involvement of Board member Dr. Patrick K. Hunter with the Society for Evidence-Based Gender Medicine and the Catholic Medical Association; the BOM’s reliance on anti-trans expert reports prepared by CMA members; the BOM’s undisclosed use of a lineup of detransitioners provided by FLDOH, including witnesses for the state of Florida in the Medicaid exclusion case Dekker v. Weida. - Florida’s newest Boards of Medicine appointees wrote an anti-trans letter calling for gender “exploratory” therapy, citing a report of a trans teenager being involuntarily hospitalized for nearly two years (29 Jan 2023)
Following the 4 Nov 2022 joint Boards meeting and prior to the 10 Feb 2023 rule hearing, Gov. DeSantis appointed two new board members who had written in support of the trans youth care ban. Their letter endorsed “exploratory” psychotherapy, a form of anti-trans conversion therapy (gender identity change effort) promoted by many members of SEGM. - Gender Analysis calls on Florida Boards of Medicine to stop the trans youth care bans and investigate critical irregularities in the rulemaking process (7 Feb 2023)
Our second complaint to the Boards of Medicine regarding: recent revelations in Dekker v. Weida on the origin and authorship of the AHCA’s anti-trans reports; the partisan political ambitions motivating the trans youth care ban; the involvement of numerous proponents of anti-gay conversion therapy in the rulemaking process.
- Florida Department of Health Guidance Against Transgender Youth Healthcare Contains False Statements and Misrepresentations and Should Not Be Used by Anyone (25 Apr 2022)
Files and media
- Petition filed by Florida Department of Health on 28 July 2022: “Petition to Initiate Rulemaking Setting the Standard of Care for Treatment of Gender Dysphoria” (pp. 870-877 of public book for 5 Aug 2022 meeting)
- Video: 5 Aug 2022 Board of Medicine meeting
- Video: 28 Oct 2022 joint Boards of Medicine meeting
- Video: 4 Nov 2022 joint Boards of Medicine meeting
- Video: 10 Feb 2023 joint Boards of Medicine meeting
Resources
- Florida Politics: “Florida Board of Medicine takes aim at treatments for transgender youths” (5 Aug 2022)
- Lambda Legal: “Advocates Urge Florida Board of Medicine to Reject Anti-Transgender Health Care Guidance” (5 Aug 2022)
- News Service of Florida: “A Florida medical board advances a plan that would ban treatments for transgender youths” (6 Aug 2022)
- ACLU of Florida: “ACLU of Florida Condemns the Discriminatory and Political Decision of the Florida Board of Medicine to Initiate Rulemaking To Ban Life-Saving Medical Care for Transgender Youth in Florida” (10 Aug 2022)
- Tampa Bay Times: “Medical panel backs proposed Florida transgender treatment restrictions” (28 Oct 2022)
- Tampa Bay Times: “Florida medical board is full of DeSantis donors. They vote on transgender care Friday.” (3 Nov 2022)
- The 19th: “Florida board of medicine bars gender-affirming care for some transgender youth” (4 Nov 2022)
- Politico: “Florida medical boards sign off on ban prohibiting gender-affirming care for kids” (4 Nov 2022)
- PolitiFact: “Florida leaders misrepresented research before ban on gender-affirming care” (2 Dec 2022)
- Orlando Sentinel: “DeSantis appointees to Florida Board of Medicine oppose gender-affirming care” (29 Dec 2022)
- Florida Phoenix: “DeSantis is appointing new medical board members while slamming gender-affirming care for youth” (31 Jan 2023)
- Florida Phoenix: “Trans kids want ‘lives of dignity and acceptance’; DeSantis, surgeon general want bans on therapies” (3 Feb 2023)
- WUSF: “Florida boards of medicine confirm ban on gender-affirming care for transgender youth” (10 Feb 2023)
- The Intercept: “DeSantis-Stacked Medical Boards Ramp Up Bans on Care for Trans Youth” (14 Feb 2023)
- News Service of Florida: “Florida Board of Medicine’s ban on transgender treatments for minors takes effect” (17 Mar 2023)
See also
- Catholic Medical Association
- Dekker v. Weida and Florida Agency for Health Care Administration
- Florida Board of Medicine
- Dr. Patrick K. Hunter
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Last updated on 24 Mar 2023 by Zinnia Jones