Biden administration appeals blocked ruling involving gender-based discrimination in Florida

The Biden administration has appealed to the 11th U.S. Circuit Court of Appeals following a federal judge’s decision to block a new healthcare rule concerning discrimination based on gender identity.

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Attorneys from the U.S. Department of Justice filed a notice of appeal last week, seeking to overturn a preliminary injunction issued on July 3 by U.S. District Judge William Jung in Tampa.

The appeal follows a lawsuit filed by Florida against the U.S. Department of Health and Human Services and the federal Centers for Medicare & Medicaid Services on May 6, shortly after the rule’s finalization. The rule seeks to expand the definition of “sex” in federal law to include discrimination based on gender identity in healthcare programs receiving federal funding, extending protections to include gender identity.

This action comes amid controversy over decisions by Florida and other Republican-controlled states to restrict treatments for transgender individuals, such as hormone therapy and puberty blockers.

In recent years, Florida and other Republican-controlled states have passed laws restricting treatments for transgender individuals, including bans on Medicaid coverage for treatments like hormone therapy and puberty blockers, as well as prohibiting such treatments for minors. Florida’s lawsuit argues that the federal rule would improperly override these state restrictions and could result in a loss of funding for state healthcare programs.

Judge Jung, in granting the preliminary injunction, stated that Florida had demonstrated potential harm, citing conflicts between the federal rule and state law. He noted that state agencies and healthcare providers would be forced to either violate Florida law or the federal rule.

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