Florida Gov. Ron DeSantis signed medical-conscience law excluding LGBTQ+ patients from anti-discrimination protections

On May 11, 2023, Florida Governor Ron DeSantis signed CS/SB 1580, the "Protections of Medical Conscience" Act, at a news conference in Destin, Florida, where he was joined by Florida Surgeon General Joseph Ladapo. The measure, passed by the Florida Legislature, creates sections 381.00321 and 456.61 of the Florida Statutes and gives any health care provider or payor the right to opt out of participating in or paying for a health care service on the basis of a "conscience-based objection," defined to include religious, moral, or ethical beliefs. It grants those who decline care immunity from civil liability and disciplinary action, provides whistleblower protections, and bars licensing boards from disciplining or denying a license to providers based solely on their exercise of free speech.

The law states that care may not be refused because of a patient's race, color, religion, sex, or national origin, but it does not list sexual orientation or gender identity among the protected characteristics. Civil-rights groups including the Human Rights Campaign and the ACLU of Florida said the omission would let providers and insurers deny services, such as gender-affirming care or HIV-prevention medication, to LGBTQ+ patients. The act, signed as part of a package of "medical freedom" bills, was assigned Chapter 2023-57 and took effect July 1, 2023.