As reported by Law360, Lowenstein litigators Thomas E. Redburn, Jr. and Maya Ginsburg joined several not-for-profit organizations representing transgender adults and minors in arguments urging the Eleventh Circuit Court of Appeals to uphold a district court decision that blocked the state of Florida’s prohibition against gender transition care for adolescents.
In a brief filed November 6, 2023, the appellees argue that the ban causes irreparable harm to transgender individuals and is “motivated by purposeful discrimination against transgender people.“ It continues: “Even if a transgender adolescent, their parents, and their healthcare providers all agree that the treatment is vital to the adolescent's health and well-being, and even though these treatments are part of the accepted standard of care in appropriate cases, the bans make it illegal regardless of individual medical need.”
Opponents to Florida’s ban, enacted by Governor Ron DeSantis, cite the law’s “disparate impact on transgender people,” and the fact that it was motivated by intentional discrimination as why it is unconstitutional under the guaranteed rights to due process and equal protection.
This case is one of several filings amid significant action in federal courts following transgender bans enacted by state legislatures in 2023.
Lowenstein joins with Southern Legal Counsel, National Center for Lesbian Rights, GLBTQ Legal Advocates & Defenders, and the Human Rights Campaign Foundation representing the appellees.