In a move that’s left advocates for LGBTQ+ rights reeling, Alabama has taken a worrisome step backward. Late Monday, three federal judges dropped the bombshell ruling that paves the way for a previously halted law, which bans transgender healthcare for minors, to be revived.
Drawing inspiration from the contentious overturning of Roe v. Wade, the 11th U.S. Circuit Court of Appeals, notorious for its right-wing leanings, sanctioned the so-called Vulnerable Child Compassion and Protection Act. Under this law, prescribing or administering puberty blockers or other hormonal therapy to individuals under 19 with gender dysphoria could be met with felonious repercussions. The gravity? Doctors or parents could be looking at a chilling ten-year prison stint.
This recent ruling bulldozes an earlier judgment that was more understanding, earmarking next April for a trial to determine the law’s fate. And while the Alabama clouds look grim, major advocacy organizations are rallying, vowing to keep the fight alive to ensure trans and nonbinary youth in the state aren’t deprived of the essential healthcare they deserve.
Major groups including the National Center for Lesbian Rights, GLBTQ Legal Advocates & Defenders, Southern Poverty Law Center, and Human Rights Campaign emphasize that trans youngsters in Alabama now face potential “irreparable harm” if they lose the care they’ve been getting—care that’s been a linchpin in their well-being. They press on a pertinent point: “Parents, not the government, should make these medical choices for their children.”
But what’s bewildering is the judge’s reasoning. Their “uncertainty regarding benefits” rhetoric seems hollow, especially when renowned medical bodies like the American Medical Association and the American Academy of Pediatrics back such treatments. Research, after all, underscores that gender-affirming healthcare for transgender youth notably slashes risks of suicidal thoughts and depression.
The verdict—courtesy of judges appointed by ex-Republican President Donald Trump—also echoes the disconcerting implications of the U.S. Supreme Court’s decision on Roe. As The New Republic’s Tori Otten insightfully puts it, this showcases the “appalling legal consequences” of undermining rights that are not “deeply rooted in history and tradition.” But what’s deemed historical enough? While puberty blockers date back to the 1980s, abortion’s origins trace back to 1550 BCE. Do neither qualify?
Trans rights champion, Erin Reed, underscores the gravity of the situation. Though the ruling is restricted to those below 19, there’s an insinuation that adults shouldn’t have access to these treatments either—because they’re not “deeply rooted” in history. It’s alarming, to say the least.
Yet, the advocacy groups are resilient, stressing that this is merely a bump in the road. They’re optimistic about the future, believing that courts will, in the end, side with justice and empathy, defending the vulnerable against laws that senselessly jeopardize their health and well-being.
