Court allows Alabama’s “devastating” ban on gender-affirming care to go into effect
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Investigative Report: Alabama’s Ban on Gender-Affirming Care for Trans Youth Allowed to Go into Effect
In a controversial decision, the Eleventh Circuit Court of Appeals has allowed Alabama’s ban on gender-affirming care for trans youth to go into effect. The ban, known as the “Vulnerable Child Compassion and Protection Act,” has been tied up in legal challenges since it was signed into law by Governor Kay Ivey in 2022. A full trial on the law’s constitutionality is not set to occur until August 2024.
The law prohibits minors from receiving gender-affirming care, including puberty blockers and hormone-replacement therapy. Any doctor who prescribes or administers such treatments can be charged with a felony punishable by up to 10 years in jail and the possible loss of their medical license.
The battle over this law began in May 2022 when U.S. District Judge Liles Burke blocked its enforcement after families of trans children argued that it violated their constitutional rights. However, last August, a federal appeals court reversed the district judge’s injunction, allowing the ban to go into effect.
The plaintiffs in the case then requested a full-panel review from the appeals court, effectively preventing the ban from being enforced. They argued that the ban violates parents’ longstanding right to make medical decisions for their children and conflicts with legal precedent dictating that all laws discriminating based on sex should be subjected to heightened scrutiny under the Equal Protection Clause.
In November, Alabama Attorney Steve Marshall responded to the plaintiffs’ request by asking the court to allow the law to go into effect. He dismissed the plaintiffs’ request for an injunction as a delay tactic. Marshall stated that the law would protect the physical and psychological safety of children from what he described as “untested and life-altering” procedures.
However, experts refute Marshall’s claims, pointing out that gender-affirming surgeries are rarely performed on minors, and cisgender minors have safely taken the medications used in gender-affirming care for decades. Major medical and psychiatric associations in the U.S. support gender-affirming care, stating that it is safe and essential to the well-being of trans minors.
Lawyers representing the parents of transgender adolescents argue that Alabama’s transgender healthcare ban will harm thousands of transgender youth across the state. They say it puts parents in an excruciating position of being unable to access the medical care their children need to thrive. The lawyers emphasize the devastating impact of this ban and the lack of any medical justification for it. They vow to continue challenging the ban and supporting parents and their kids in pushing back against the dangerous reality of being denied access to necessary, best practice medical care.
Alabama is one of 22 states that currently ban trans minors from receiving gender-affirming medical care. Similar bans in Indiana, Idaho, and Oklahoma are also facing legal challenges in other appeals courts nationwide. Plaintiffs in cases against Kentucky and Tennessee’s bans have asked the U.S. Supreme Court to review the constitutionality of such bans.
The plaintiffs in the Alabama case are being represented by GLBTQ Legal Advocates & Defenders (GLAD), the Southern Poverty Law Center (SPLC), the National Center for Lesbian Rights (NCLR), and the Human Rights Campaign (HRC). These organizations are committed to fighting for the rights of transgender individuals and ensuring access to essential healthcare for all. The outcome of this case will have significant implications for trans youth not only in Alabama but across the country.
As this issue continues to unfold, it remains to be seen whether the ban on gender-affirming care for trans youth will withstand constitutional scrutiny. Advocates and opponents of the ban alike are closely watching these legal battles, hoping for a resolution that prioritizes the well-being and rights of trans youth.
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“Alabama gender-affirming care ban”
