I noticed both of these headlines recently (presumably between reporting on some kind of submarine), and had to do a little bit of a double take on them to make sure I wasn't just seeing the same thing twice.
Judge rules Arkansas ban on gender-affirming care for transgender minors violates US ConstitutionLITTLE ROCK, Ark. (AP) — A federal judge struck down Arkansas’ first-in-the-nation ban on gender-affirming care for children as unconstitutional Tuesday, the first ruling to overturn such a prohibition as a growing number of Republican-led states adopt similar restrictions.
U.S. District Judge Jay Moody issued a permanent injunction against the Arkansas law, which would have prohibited doctors from providing gender-affirming hormone treatment, puberty blockers or surgery to anyone under 18.
Arkansas’ law, which Moody temporarily blocked in 2021, also would have prohibited doctors from referring patients elsewhere for such care. At least 19 other states have enacted laws restricting or banning gender-affirming care for minors following Arkansas’ law, and nearly all of them have been challenged in court.
In his order, Moody ruled that the prohibition violated the due process and equal protection rights of transgender youth and families. He said the law also violated the First Amendment rights of medical providers.
Federal judge strikes down Florida’s ban on Medicaid funding for transgender treatmentTALLAHASSEE, Fla. (AP) — A federal judge on Wednesday struck down Florida rules championed by Gov. Ron DeSantis restricting Medicaid coverage for gender dysphoria treatments for potentially thousands of transgender people.
“Gender identity is real” and the state has admitted it, U.S. District Judge Robert Hinkle wrote in a 54-page ruling.
He said a Florida health code rule and a new state law violated federal laws on Medicaid, equal protection and the Affordable Care Act’s prohibition of sex discrimination.
They are “invalid to the extent they categorically ban Medicaid payment for puberty blockers and cross-sex hormones for the treatment of gender dysphoria,” Hinkle wrote.
The judge said Florida had chosen to block payment for some treatments “for political reasons” using a biased and unscientific process and that “pushing individuals away from their transgender identity is not a legitimate state interest.”
The article on the Arkansas case notes similar laws were struck down in Indiana and Alabama, and that this is just the latest in a long line of such laws being enacted, struck down, and pushed back through. While the Florida ban seems like it's taking a different approach, and its overturn is notable that the judge seems to have ruled that "gender identity is real". But two rulings like this in quick succession was interesting to me, and it seems like we're going to be hitting critical mass on these sorts of rulings soon, though apologies for being out of the loop if there's already a case barrelling towards a Supreme Court ruling that might set the precedent to end all precedents on gender care.
In any case (no pun intended), where do things go from here?
