Steve May 13, 2022

A federal judge in Alabama issued a preliminary injunction Friday blocking most provisions of a controversial new state law criminalizing gender-affirming health care for minors.

The court ruled that the ban on measures such as hormone therapy and puberty blockers appear to be discriminatory and violates the constitutional rights of both parents and children.

The law making gender-affirming health care a felony went into effect in Alabama on Monday.

Parent Plaintiffs have a fundamental right to direct the medical care of their children,” said the ruling by U.S. District Court Judge Liles C. Burke of the Middle District of Alabama, Northern Division. “This right includes the more specific right to treat their children with transitioning medications subject to medically accepted standards. The Act infringes on that right.”

Citing legal precedents, the ruling noted that “a parent’s right to ‘make decisions concerning the care, custody and control of their children’ is one of the ‘oldest of fundamental liberty interests’ recognized by the Supreme Court.”

Arguments by the state fell flat. Defendants, for example, produced no “credible evidence to show that transitional medications are ‘experimental,’” as claimed, Burke noted. The state’s justifications for the law are “hypothesized, not exceedingly persuasive,” the judge added.

Burke issued the injunction after concluding that the “imminent threat of harm to Parent Plaintiffs and Minor Plaintiffs — i.e., severe physical and/or psychological harm” while the case is being argued “outweighs the harm the State will suffer from the injunction.”

The judge did allow several other provisions of the law to remain in place, including a ban on gender-affirming surgeries for minors.

It’s not a complete win. The court still allows for the surgery ban to stay in effect, as well as the forced outing provisions. These are still extremely harmful to trans kids but their medical care will not be criminalized.

— Alejandra Caraballo 🏳️‍⚧️🇵🇷 (@Esqueer_) May 14, 2022

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