A judge partially blocked Alabama’s trans youth medical care ban last week as a Texas court issued a mixed ruling halting some investigations into families of trans kids for “child abuse.”
On Friday, U.S. District Judge Liles Burke ruled that an Alabama law criminalizing treatments for the gender dysphoria experienced by many trans minors is likely unconstitutional. Signed into law by Republican Gov. Kay Ivey on April 6, the Vulnerable Child Compassion and Protection Act—also known as Senate Bill 184—threatens doctors who offer medications like puberty blockers and hormones to trans patients under the age of 19 with up to 10 years in prison and a $15,000 fine.
Although Ivey claimed in a statement after signing SB 184 that trans-affirming health care is “radical” and “life-altering,” Burke said in his ruling that the state of Alabama had not provided sufficient evidence that was the case. The Trump-appointed judge noted that 22 U.S. medical associations support the use of “well-established, evidence-based treatments” to manage youth gender dysphoria.
“Enjoining the Act upholds and reaffirms the ‘enduring American tradition’ that parents—not the states or federal courts—play the primary role in nurturing and caring for their children,” he wrote in the Northern District of Alabama court ruling.
“Blocking the law means we can breathe just a little easier until we hopefully see it stopped for good.”
LGBTQ2S+ advocacy groups celebrated the decision, which will prevent Alabama from prosecuting medical professionals who treat trans youth as a lawsuit proceeds through the court system. GLBTQ Legal Advocates and Defenders (GLAD), which is suing to overturn SB 184 on behalf of four families of trans children, said in a statement that the court order is an “extraordinary relief.”
“Parents should not be punished for wanting to do what’s best for their kids,” said Jennifer Levi, director of GLAD’s transgender rights project.
Plaintiffs seconded the feelings of reassurance. Megan Poe, the mother of 15-year-old Allison, said that she is relieved to “know that my daughter will be able to continue receiving the support and care she needs and that has allowed her to become the confident, engaged teenager she is.”
“Like any parent, my biggest daily concern is that my child is healthy, happy and safe,” Poe said in a statement. “While I know many people may not understand what it means to have a transgender child, I am grateful the court listened to the experience of my family and other families like ours who have been terrified about what SB 184 will bring. Blocking the law means we can breathe just a little easier until we hopefully see it stopped for good.”
Had Burke not issued Friday’s ruling, the result could have been disastrous for trans youth in Alabama. SB 184 went into effect on May 8, and many of the families involved in the legal action said they worried their children would take their own lives if they continued to lose access to their medications.
The decision marks the second time in U.S. history that an anti-trans medical care ban has been halted by the courts. After Arkansas lawmakers forced through a law prohibiting hormones or surgery from being administered to trans youth in March 2021, a judge issued a temporary restraining order blocking it. Unlike the Alabama law, Arkansas’ House Bill 1570 did not mandate jail time for trans-affirming providers.
But while court order partially enjoins SB 184, Burke did not block the law in its entirety. Doctors in Alabama will still be barred from performing gender-affirming surgeries on trans minors, although medical professionals have stated that such treatments are not prescribed for youth patients in the state.
The ruling also did not block a portion of SB 184 that critics said would compel teachers and other school staff to out trans students to their parents. The text of the law states that faculty members are not permitted to withhold from parents information regarding a “minor’s perception of his or her gender or sex is inconsistent with the minor’s sex,” although it does not spell out criminal penalties for violating the statute.
Ivey’s office has confirmed that the state of Alabama intends to appeal the ruling. In a statement issued on Saturday, the governor said she would “continue fighting to protect Alabama’s children from these radical, unproven, life-altering drugs, despite this temporary legal roadblock.”
“We will continue to uphold our duty to ensure that children are free to grow up into the adults God intended them to be, even with today’s societal pressures and modern culture,” she said.
A representative for Alabama Attorney General Steve Marshall confirmed to the Associated Press that an appeal had already been filed.
The Alabama ruling was issued on the same day that the Texas Supreme Court weighed in on another policy affecting trans youth. Also on Friday, the nine-judge panel partially upheld a lower court decision enjoining a February 22 directive issued by Republican Gov. Greg Abbott that called on the state’s Department of Family and Protective Services (DFPS) to investigate “any reported instances” of families allowing minors to transition.
The ruling was a split decision for LGBTQ2S+ Texans. While judges stopped DFPS from investigating parents who signed on to a lawsuit against the directive, they also claimed that U.S. District Judge Amy Clark Meachum exceeded her authority by issuing a statewide injunction blocking the policy in March.
Supporters and opponents of the directive both declared victory on Friday. Texas Attorney General Ken Paxton called it a “win for families against the gender ideology of doctors, Big Pharma, clinics trying to ‘trans’ confused, innocent children.”
“I’ll do all I can to stop it,” Paxton said in a Friday tweet.
In a joint statement, LGBTQ2S+ groups like Lambda Legal and the American Civil Liberties Union (ACLU) called the ruling a “win for our clients and the rule of law.”
“The court made clear that the governor’s letter and attorney general’s opinion targeting transgender youth are just that: opinions,” said the organizations, which are suing to prevent the policy’s enforcement. “Neither change Texas law. This decision allows our case to continue as we fight for every young person in Texas to receive the healthcare they need.”
DFPS has opened investigations into at least nine families since the directive was issued, according to the Texas Tribune. While the order theoretically allows those investigations to continue, advocacy groups asserted that the ruling makes it possible for others to file restraining orders to prevent their families from being targeted.
Paxton’s office has reportedly already filed an appeal to overturn the decision.
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