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As cases involving Alabama’s restrictions on gender-affirming treatment for adolescents move closer to the U.S. Supreme Court, a federal judge declined on Tuesday to put the case on hold.
A request from the U.S. Department of Justice to place the Alabama case on hold until appellate courts decide whether they will hear related cases on whether states may adopt such bans was denied by United States District Judge Liles Burke. Because “this extraordinary legal environment is rapidly evolving,” the Justice Department requested the stay.
Burke stated in a letter that the case would proceed for the time being. If those cases are approved, he said a stay might be appropriate afterward.
An appellate court ruling that permitted restrictions in Kentucky and Tennessee to remain in effect has been appealed to the U.S. Supreme Court by trans youth and their families.
Doctors who administer puberty blockers or hormones to patients under the age of 19 to aid in establishing a new gender identity are now breaking the law in Alabama, where this can result in up to 10 years in prison.
In May 2022, Burke issued a temporary injunction to stop Alabama from enforcing its restrictions on the therapies. This decision came after three days of legal proceedings brought by trans children’s parents. Burke claimed that the law was probably unconstitutional in his writing. The U.S. Department of Justice stepped in to support the kids in this case.
Burke’s temporary order was appealed by Attorney General Steve Marshall, and in August, a three-judge panel of the 11th U.S. Circuit Court of Appeals vacated the ruling.
The entire 11th U.S. Circuit Court of Appeals has been asked to review the three-judge panel’s ruling by the Alabama households with trans children who challenged the law.
Until the 11th Circuit appellate court issues a decision in the case, the law is still prohibited by order. The trial for the case is expected to begin in April.
Laws prohibiting or restricting gender-affirming care for minors have been passed by at least 22 states, and the majority of these prohibitions are currently being challenged in court.
