Federal Court Reverses Injunction on Alabama Transgender Health Care Ban - The Messenger
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Federal Court Reverses Injunction on Alabama Transgender Health Care Ban

Alabama Attorney General Steve Marshall called the ruling a 'significant victory our country, for children, and for common sense'

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On Monday, a three-judge panel in Alabama vacated a temporary injunction, now making it possible for the state to enforce bans on puberty blockers and hormone treatments used for children who are seeking transgender health care.

In their decision, the judges who decided on the case wrote that states have "a compelling interest in protecting children from drugs, particularly those for which there is uncertainty regarding benefits, recent surges in use, and irreversible effects."

Puberty blockers are a reversible form of treatment that transgender individuals use to pause sexual maturation. Hormone treatments can push sexual development and alter physical appearance.

"The Eleventh Circuit reinforced that the State has the authority to safeguard the physical and psychological wellbeing of minors," Alabama Republican Attorney General Steve Marshall said, calling the ruling a "significant victory our country, for children, and for common sense."

Until the court issues the mandate, the injunction will remain in place, but once it is lifted, the law which threatens doctors with prison time for providing care to transgender children, will have to be enforced.

"We are disappointed in today’s decision," Jeff Doss, an attorney representing challengers of the Alabama law, said in an emailed statement to PBS News Hour. "We are carefully considering all available options, including further appellate review. We remain committed to fighting for our clients and will continue to do so."

People gather in support of transgender youth during a rally at the Utah State Capitol Tuesday, Jan. 24, 2023, in Salt Lake City. New laws targeting LGBTQ+ people are proliferating in GOP-led states, but often absent from policy decisions is a clear understanding of how many people will be directly affected.
People gather in support of transgender youth during a rally at the Utah State Capitol Tuesday, Jan. 24, 2023, in Salt Lake City. New laws targeting LGBTQ+ people are proliferating in GOP-led states, but often absent from policy decisions is a clear understanding of how many people will be directly affected.AP Photo/Rick Bowmer,File

Medical groups like the American Medical Association and the American Academy of Pediatrics are in opposition to the ban.

The Human Rights Campaign (HRC) and other LGBTQ+ rights advocacy organizations worked on litigation as co-counsel in the case challenging the law, which is outlined in the Alabama court case, Boe v. Marshall. The HRC says that their clients are "devastated" by this ruling, but they are "confident that it is only a temporary one."

"This is a deeply disappointing decision that is difficult to reconcile with the 11th Circuit’s prior rulings and with the Supreme Court’s clear guidance that discrimination because a person is transgender is sex discrimination," the HRC said in a statement.

The organization continued: "Every federal district court that has heard the evidence presented in these cases has come to the same conclusion: these medical treatments are safe, effective, and lifesaving for some youth, and there is no legitimate reason to ban them."

The 11th U.S. Circuit Court of Appeals has scheduled a trial for April 2, which will determine whether or not the law will be permanently blocked.

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