Florida's laws preventing child sex changes, drag show for kids struck down by federal judge

This month, two US District Judges have blocked three Florida bills intended to prevent the sexualization of children and to prevent the state Medicaid funds from paying for medical sex changes. The prohibition on kids attending drag shows was blocked on Friday.

Earlier this month a law stopping Medicaid from funding sex changes for adults was blocked under the equal protection clause of the 14th Amendment, and a bill to stop children from obtaining medical sex changes was blocked for three families who took up suit against the state.

US District Judge Gregory Presnell blocked a bill to ban child attendance of drag shows, saying that the bill that banning minors from attending "obscene live performances" is too broad of a category and violates of performers' first amendment rights. "Florida already has statutes that provide such protection (from obscene performances). Rather, this statute is specifically designed to suppress the speech of drag queen performers,” he stated.

The law would ban children from attending performances that "depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities, ... lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts."

Presnell wrote in his ruling that the law doesn't define what constitutes a "child," "lewd conduct," or "lewd exposure of prosthetic or imitation genitals or breasts." The same goes for what a "live performance" is. 

A live performance "could conceivably range from a sold-out burlesque show to a skit at a backyard family barbecue," he reportedly said. 

Governor DeSantis' press secretary, Jeremy Redfern said in reaction to the ruling, "Of course, it’s constitutional to prevent the sexualization of children by limiting access to adult live performances." 

On Wednesday, US District Judge Robert Hinkle declared that a law that banned state Medicaid to pay for procedures related to treating gender dysphoria such as puberty blockers, cross-sex hormones, and surgeries saying it violates the equal protection clause of the Fourteenth Amendment, the federal Medicaid statute, and the Affordable Care Act's prohibition of discrimination based on a persons sex. 

On June 6, the same Judge ordered a preliminary judgment to prevent Florida from implementing a ban on sex changes for three individuals under the age of 18. "I find that the plaintiffs’ motivation is love for their children and the desire to achieve the best possible treatment for them. This is not the State’s motivation," the ruling states. This ruling was specifically only for these three individuals, who will be permitted to continue their path of medicalized sex changes.

"We obviously disagree with the judge's ruling," Redfern responded to the declaration. "We will continue fighting against the rogue elements in the medical establishment that push ideology over evidence and protect against mutilating our kids."

According to Reuters, Florida is the fifth state to have a law that bans child sex changes blocked by US District Courts. Alabama, Arkansas, Indiana, and Oklahoma are the others, while 21 states total have passed similar laws. 

On Tuesday, a US District Judge in Arkansas ruled the state's ban on child sex changes unconstitutional for violations of the Fourteenth and First Amendments. 

The Post Millennial reached out to Governor DeSantis' team for comment.