Alabama may enforce its felony ban on gender-affirming medical care for minors, a federal judge ruled Thursday, following a preliminary injunction that had blocked state officials from enforcing the ban for more than a year. granted the state's request for a stay.
The U.S. Court of Appeals for the Eleventh Circuit on Thursday issued a two-page order blocking a lower court's injunction against a 2022 law that would make it a felony for doctors to prescribe puberty blockers or hormones to transgender people under 19. Withdrawn. Those found guilty may appeal. Up to 10 years in prison.
In issuing the 2022 injunction, U.S. District Judge Lyles C. Burke said Alabama had not presented any credible evidence that gender-affirming treatments were “experimental.” wrote.
A federal appeals court reversed that decision in August. In a 59-page decision, the 11th Circuit's three-judge panel said, “The use of these drugs, not to mention children, is 'deeply rooted in our nation's history and traditions.' There is almost no doubt that it is not something that exists.” Citing the Supreme Court decision Roe v. Wade reversal.
Alabama lawyers asked the 11th Circuit in November to halt enforcement of the district court's preliminary injunction, and the court granted it Thursday in a brief, unsigned order.
A request for a September reconsideration by an Alabama family challenging the law is still pending, and a full trial on the constitutionality of the ban is scheduled for August.
Alabama Attorney General Steve Marshall hailed Thursday's decision as “an important victory for our country, our children, and common sense.”
In a joint statement, attorneys representing the families who challenged the law said the ruling would cause significant harm to children and parents in Alabama.
“Alabama's transgender health care ban will negatively impact thousands of transgender youth in the state and deny parents access to the health care their children need to thrive,” the national center said in a statement Thursday. “They will find themselves in the unbearable position of not being able to do anything.” Lesbian Rights, GLBTQ Legal Advocates & Defenders, Southern Poverty Law Center, and Human Rights Campaign.
Twenty-three states, including Alabama, have enacted laws or policies that significantly limit or prohibit gender-affirming medical care for transgender minors. Legislation passed in five states – Alabama, Florida, Oklahoma, North Dakota and Idaho – includes provisions that make it a felony to provide treatment to transgender youth under 18.
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