FCAAP Applauds Judge Hinkle’s Ruling in the Dekker Litigation

Jun 23, 2023 | Press Releases


June 23, 2023

FCAAP Applauds Judge Hinkle’s Ruling in the Dekker Litigation

Gender identity is real. Individuals suffering from gender dysphoria deserve access to appropriate medical care.

[TALLAHASSEE, FLORIDA] – The Florida Chapter of American Academy of Pediatrics, Inc. (FCAAP) commends U.S. District Judge Robert L. Hinkle for the ruling in Dekker, et. al. v. Weida, et. al, finding that Florida’s exclusion of treatment for gender dysphoria from Medicaid coverage is both unlawful and unconstitutional.

The opinion concluded: “Gender identity is real. Those whose gender identity does not match their natal sex often suffer gender dysphoria… Florida has adopted a rule and statute that prohibit Medicaid payment for these treatments even when medically appropriate. The rule and statute violate the federal Medicaid statute, the Equal Protection Clause, and the Affordable Care Act’s prohibition of sex discrimination. These plaintiffs are Medicaid beneficiaries who are entitled to payment, as a matter of medical necessity, for puberty blockers or cross-sex hormones as appropriately determined by their multidisciplinary teams of providers.”

“We are grateful for the individuals, families, experts, and state and national organizations who worked together to challenge the decision to ban coverage of gender-affirming care for the state’s Medicaid beneficiaries,” said Thresia Gambon, MD, MBA, MPH, FAAP, President of FCAAP. “Like all children, transgender and gender-diverse youth deserve access to the care they need. Appropriate gender-affirming care, conducted in close coordination with pediatricians, specialists, and parents, is safe and effective for treating patients experiencing gender dysphoria. We are glad the Court’s order protects the rights of these individuals to access this life-saving care.”

Dekker v. Weida was brought by Florida Health Justice Project, Lambda Legal, Southern Legal Counsel, National Health Law Program, and Pillsbury Winthrop Shaw Pittman LLP.  Read more about the case here and the Court’s full opinion here.

About the Florida Chapter of American Academy of Pediatrics, Inc.:

Through its more than 2,600 members, the Florida Chapter of American Academy of Pediatrics promotes the health and welfare of Florida’s children and supports pediatricians and pediatric specialists as the best qualified providers of their health care.


Alicia E. Adams, Esq., Executive Director,

Download a PDF of this statement here.

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