House to Subpoena Trans Treatment Information
Rep. Ashley Gantt, a Miami Democrat who is a lawyer, likened the committee's search for information to what was known as the Johns Committee, a Florida legislative investigative panel that sought to expose communists and gay people at state universities in the 1950s and 1960s.
April 25, 2023 at 01:18 PM
6 minute read
In a rarely used move, a Florida House committee gave permission to its chairman to issue subpoenas to two medical groups that support gender-affirming care for children.
The Republican-controlled House Health & Human Services Committee voted along party lines to allow Chairman Randy Fine, R-Brevard County, to subpoena records from the Florida chapter of the American Academy of Pediatrics and the Florida Psychiatric Society.
Fine told the committee he intends to issue the subpoenas, requested by House Speaker Paul Renner, within 24 hours and ask the medical groups to turn over sought-after information before the legislative session ends on May 5.
The decision to issue the subpoenas is among a series of moves by lawmakers and Gov. Ron DeSantis' administration targeting transgender people and the LGBTQ community. The House last week approved a bill (SB 254) that would make it a crime for doctors to use gender-affirming care such as puberty blockers, hormone therapy or surgeries to treat children diagnosed with gender dysphoria. The Senate is expected to pass the measure, which largely would enshrine into law state medical boards' rules about such treatment. DeSantis has pledged to sign it.
The planned subpoenas are aimed at getting information related to guidelines established by the World Professional Association for Transgender Health, or WPATH, and the Endocrine Society. Dozens of medical groups, including the two Florida groups targeted by the House, point to the WPATH guidelines, which have been revised eight times over the past two decades, to support gender-affirming care.
The request for information from the Florida medical groups comes amid legal wrangling over records. That wrangling has occurred in a lawsuit challenging the DeSantis administration's prohibition against Medicaid coverage of gender-affirming care for children and adults.
A federal judge in February sided with the state and ordered national medical groups to provide testimony about how the guidelines about gender-affirming care were established. The groups have appealed the ruling.
In a letter to the House committee, Renner said medical groups were "fighting vigorously to avoid any meaningful inquiry or disclosure" in the Medicaid lawsuit.
"Yet it appears that the medical organizations who create and endorse guidelines on a contentious issue fraught with scientific uncertainty have gone to great lengths to avoid scrutiny and to keep the public [and their duly elected representatives] in the dark regarding the process by which these 'consensus' guidelines were developed," wrote Renner, R-Palm Coast.
Fine, who also helped sponsor a measure aimed at preventing children from attending drag shows, has made blocking gender-affirming care for children one of his priorities. His committee this year held a workshop on the issue with a panel of experts who all opposed the treatment.
"The idea is to bring into the light the so-called universally accepted, unambiguous, clear-cut evidence that supports these things. Frankly, I find it shocking that we have to have a subpoena to do this. If I was someone who was so confident in my views on the science in the world, I'd certainly be happy to share it. But these organizations, for whatever reason, are unwilling to and so we're going to make them," he said before Monday's vote.
The Florida chapter of the American Academy of Pediatrics had not received the subpoena Monday afternoon.
"We do not have a comment at this time. Our board will discuss how to respond to the subpoena once we receive it," the chapter's executive director, Alicia Adams, said in an email.
The guidelines were based on years of research and input from expert clinicians, Madeline Deutsch, who is the president of the United States Professional Association for Transgender Health and is an author of the WPATH guidelines, told The News Service of Florida.
Data that supports gender-affirming care wouldn't convince lawmakers such as Fine to support the treatment, she indicated.
"If there were five randomized, double-blinded, controlled-prospective trials with data collected over 20 years, I still think they would be like, 'Yeah, but how do we really know?'" said Deutsch, who also serves as medical director of the University of California-San Francisco Gender Affirming Health Program. "You have a situation where legislators have become interested in becoming scientists and getting into the weeds of directing science, and that's not something that's customarily done."
The WPATH guideline "is a consensus document that involved contributions from dozens of experts from around the globe," she said.
"And people are passing laws all over this country trying to ban this care from being offered. … It doesn't matter what we say, you're still going to go after us," she said. "We have this thoroughly developed scientific document and if you're a scientist, you would look at it."
The committee's action Monday gave Fine the permission to write and issue the subpoenas, but Democrats criticized the procedure.
"You're putting our members in a difficult position to vote on something they can't see, they can't read, they don't understand the far-reaching impact of," Rep. Kelly Skidmore, D-Boca Raton, said.
Rep. Ashley Gantt, a Miami Democrat who is a lawyer, likened the committee's search for information to what was known as the Johns Committee, a Florida legislative investigative panel that sought to expose communists and gay people at state universities in the 1950s and 1960s.
Refusing to comply with a legislative subpoena could result in 90 days in jail or a fine of up $1,000, Gantt said.
"Is this reminiscent of the Johns Committee and how they went searching for different things and to no avail? We had the opportunity to invite these organizations to come before the committee, to speak before the committee, but we didn't do that," she said.
But Fine argued that "there are legitimate questions about the so-called science" of gender-affirming care for minors.
"They should want to show why we're wrong, but they don't. And that should raise a question," he said. "And those of you who think that the bills that we're passing and the things that we're doing in order to protect our children, that we're done, I've got news for you. We're just getting started now."
Dara Kam reports for the News Service of Florida.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAmid Growing Litigation Volume, Don't Expect UnitedHealthcare to Change Its Stripes After CEO's Killing
6 minute readFreeman Mathis & Gary Taps Orlando for Third New Florida Office This Year
3 minute readFla.'s Statute of Limitations and Statutes of Repose in Med Mal Cases: It's Not Over Until It's Over
6 minute readGC of Florida State Agency Steps Down After Threatening TV Stations That Aired Abortion-Rights Ad
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250