Attorney Steve Marshall of Alabama requested that the United States Court of Appeals for the 11th Circuit start enforcing the state’s restrictions on gender-affirming care for adolescents today.
The Vulnerable Child Compassion and Protection Act forbids anyone under the age of 19 from receiving hormone therapy, gender-affirming therapies, or puberty blockers. Additionally, a physician who “prescribes or administers” these treatments faces criminal charges and could spend up to ten years in prison.
The law in Alabama was signed by Gov. Kay Ivey in 2022 but was never implemented. After hearing from families of transgender children, U.S. District Judge Liles Burke questioned the legality of the medicine ban.
For the past two decades, the matter has been litigated in state and appellate courts.
The first injunction Burke issued was overturned by the federal appeals court in August, but plaintiffs asked for a full panel of judges to review the decision. That prevented any enforcement from happening.
Marshall called the plaintiffs’ action a “delay tactic” and asked the court in November to permit him to start enforcing the law immediately.
Through the implementation of the Alabama Vulnerable Child Compassion and Protection Act, Marshall stated in a release on Thursday that “the physical and psychological health of our kids can now be better protected from these unproven and life-altering drugs and medical techniques.”
“This is a major victory for our state, for kids, and for common sense.”
In the past, Alabama permitted the use of hormones or puberty blockers for transgender children. According to the American Academy of Pediatrics, these medications delay puberty and are regarded as evidence-based treatment for both children and adults. Gender-affirming surgeries have never been carried out in the state for adolescents.
In a news release issued today, attorneys for the parents of transgender children stated that “Alabama’s ban on transgender healthcare will harm dozens of transgender children across the state and will put kids in the excruciating position of not being able to get the medical care their kids need to thrive.”
After hearing days of evidence from parents, doctors, and health professionals about the damaging effects of these restrictions and the lack of any medical explanation for it, the district judge issued his preliminary order prohibiting it. The decision made today may harm parents and kids in the state. We will continue to oppose this illegal restriction and to help parents and their children fight back against the dangerous reality of being denied access to essential, best-practice health care.
August 2024 is the date set for a thorough investigation into the ban’s validity.
A spokesperson responded that “the office does not answer questions about how we intend to evaluate and/or enforce any legal rules” when asked in September how the Attorney General’s office plans to enforce the law.
