Alabama has received approval from the 11th U.S. Circuit Court of Appeals to enforce a law that bans the use of puberty blockers and hormones to treat transgender individuals under the age of 19. The court granted the state’s request to stay a preliminary injunction that had previously blocked the enforcement of this 2022 law. This decision allows Alabama to implement the ban while the full court considers whether to revisit the issue.
Governor Kay Ivey signed the Vulnerable Child Compassion and Protection Act into law in April 2022, making it a felony for doctors to provide puberty blockers or hormones to individuals under 19 for gender-affirming purposes, with potential penalties of up to 10 years in prison.
Previously, a preliminary injunction had halted the ban, as U.S. District Judge Liles Burke ruled that Alabama had not presented credible evidence to demonstrate that gender-affirming medications were “experimental.” Alabama appealed this decision to the 11th Circuit.
This move in Alabama aligns with a trend seen in other states, with at least 22 states enacting laws that restrict or prohibit gender-affirming medical care for transgender minors. Legal battles surrounding these laws have led to mixed rulings, including the striking down of Arkansas’ law by a federal judge who determined it violated the due process rights of transgender youth and their families.
While the decision to enforce the Alabama ban has been celebrated by some as a victory for “common sense” and child safety, opponents argue that it limits access to essential medical treatment for transgender adolescents and puts parents and doctors in a difficult position. The legal battle surrounding this ban is set to go to trial in August and could eventually reach the U.S. Supreme Court.
