Alabama has received permission to enforce a ban on gender-affirming care for transgender individuals under the age of 19, as ruled by a federal appeals court. The ban includes the use of puberty blockers and hormones to treat transgender minors. This decision comes after a preliminary injunction that temporarily blocked the enforcement of the law was overturned by the 11th U.S. Circuit Court of Appeals. However, while the court decides whether to reconsider the ruling, the ban will still be in effect.
Celebrating a “Victory for Our Country and Children”
Alabama Attorney General Steve Marshall hailed the appeals court’s order as a significant victory for the country, children, and common sense. He believes that the implementation of Alabama’s Vulnerable Child Compassion and Protection Act will better protect the physical and psychological well-being of children, preventing them from undergoing untested and life-altering medical procedures.
On the other side, lawyers representing parents of transgender adolescents who challenged the ban expressed disappointment, stating that the decision would harm parents and children in the state. The ban would prevent transgender adolescents from receiving the necessary medical care to thrive.
Nationwide Debate on Gender-Affirming Care
Alabama is not the only state to enact laws restricting or banning gender-affirming medical care for transgender minors. At least 22 states have similar laws in place, and many of them are facing legal challenges or blocked enforcement. So far, the courts have issued varied rulings. Arkansas, which enacted the nation’s first ban, had its law struck down by a federal judge who deemed it a violation of the due process rights of young transgender individuals and their families.
Meanwhile, attorneys representing Tennessee transgender teens and their families have appealed to the U.S. Supreme Court to block the state’s ban on gender-affirming care for minors. The court is expected to decide later this year whether it will hear the case.
Challenging the Alabama Ban
Four families with transgender children aged 12 to 17 have challenged the constitutionality of the Alabama law. They argue that it violates equal protection and free speech rights, as well as infringing upon family medical decisions. The U.S. Department of Justice has joined their lawsuit, seeking to overturn the ban.
U.S. District Judge Liles Burke, who was nominated to the court by former President Donald Trump in 2017, previously ruled that Alabama had not provided credible evidence to support the claim that transitioning medications are “experimental.” Alabama appealed the decision to the 11th Circuit, and the challenge is set to go to trial later this year.
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Source: NBC News