Transgender treatment ban challenged by lawsuit in Alabama

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In an undated photo provided by Jeff Walker, Robert, Jeff, Lisa and Harleigh Walker are shown. The family has been fighting Alabama legislation that would ban gender-affirming medications for trans youth under 19 and another bill that would prohibit trans students to use K-12 bathrooms that correspond with their original birth certificate and not their gender identity. Harleigh Walker, 15, spent her spring break trying unsuccessfully to persuade members of the state House and Senate to reject legislation banning gender-affirming medications for transgender kids like her. Alabama lawmakers passed the measure April 7, and Gov. Kay Ivey signed it into law on Friday. (Jeff Walker via AP)

MONTGOMERY, Ala. – Two families with transgender teens and two physicians sued the state of Alabama on Monday to overturn a law that makes it a crime for doctors to treat trans youth under 19 with puberty blockers or hormones to help affirm their gender identity.

The lawsuit was filed in federal court three days after Republican Gov. Kay Ivey signed the measure into law.

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“By signing SB 184 Governor Ivey has told kind, loving, and loyal Alabama families that they cannot stay here without denying their children the basic medical care they need,” Dr. Morissa Ladinsky, one of the plaintiffs, said in a statement. “She has undermined the health and well-being of Alabama children and put doctors like me in the horrifying position of choosing between ignoring the medical needs of our patients or risking being sent to prison.”

The parents of a 13-year-old transgender girl in Jefferson County and a 17-year-old transgender boy in Shelby County are participating in the lawsuit. The plaintiffs are known as Roe and Doe in the court filing to protect the children's identities.

The Southern Poverty Law Center, the Human Rights Campaign, which is a national advocacy group for the LGBTQ community, and other groups are representing the plaintiffs. The Law Center announced the suit in a news release.

The Alabama law, which will go into effect May 8 unless blocked by the court, will make it a felony for a doctor to prescribe puberty blockers or hormones to aid in the gender transition of anyone under age 19. Violations will be punishable by up to 10 years in prison. It also prohibits gender transition surgeries, although doctors told lawmakers those are generally not done on minors.

Ivey signed the legislation on Friday, a day after it was approved by the Alabama Legislature.

“I believe very strongly that if the Good Lord made you a boy, you are a boy, and if he made you a girl, you are a girl,” said Ivey, who faces a May primary with conservative opponents trying to outflank her on her right. “We should especially protect our children from these radical, life-altering drugs and surgeries when they are at such a vulnerable stage in life. Instead, let us all focus on helping them to properly develop into the adults God intended them to be.”

Similar measures have been pushed in other states, but the Alabama legislation is the first to put criminal penalties on doctors.

In Texas, Republican Gov. Greg Abbott has ordered the state’s child welfare agency to investigate as abuse reports of gender-confirming care for kids. And a law in Arkansas bans gender-affirming medications. That law has been blocked by a court, however.

Ivey also signed a separate measure that requires students to use bathrooms that align with their original birth certificate and prohibits instruction of gender and sexual identity in kindergarten through fifth grades.