While currently defending Alabama's Vulnerable Child Protection Act (VCAP) in the state, Alabama Attorney General Steve Marshall has joined briefs in several states that have enacted similar laws.
In April 2022, Gov. Kay Ivey signed VCAP (SB184) into law, which prohibits doctors in Alabama from performing transgender operations or prescribing cross-sex hormones and puberty blockers to individuals under 19.
VCAP went into effect on May 8, 2022, but was blocked by U.S. District Judge Liles Burke a few days later. The injunction by Burke came after multiple parties added themselves as plaintiffs in the case, including five transgender minors by way of their parents, the United States of America and Kaitlin Toyama, an attorney-advisor with the civil rights division of the DOJ.
While Alabama is fighting the injunction, Marshall continues to support other states that have attempted similar legal measures.
On June 2, Alabama co-led a 16-state brief in defense of Indiana's law prohibiting physicians and other practitioners from knowingly providing gender-transitioning procedures to a minor. A federal judge recently entered a preliminary injunction that enjoins the law from being enforced pending trial.
On June 6, Alabama co-led a 17-state brief supporting Tennessee's law prohibiting physicians from providing gender transitioning procedures to minors.
On June 12, Alabama co-led an 18-state brief supporting Kentucky's law prohibiting physicians from providing minors gender-transitioning treatments, including medical and surgical procedures.
On June 16, Alabama co-led a 19-state brief in support of Oklahoma's law that prohibits gender transitioning procedures for minors, including medical or surgical procedures.
"Radical advocacy groups, disguised as medical research organizations, have tragically misled and pressured some parents into believing that the only treatment for gender dysphoria is experimental drugs and surgeries," Marshall said. "Our briefs highlight the critical disconnect between evidence-based science and the extreme gender ideology that is causing irreparable harm to our youth."
In Alabama, a three-judge 11th Circuit Court of Appeals panel heard oral arguments for VCAP in November 2022. the Eleventh Circuit is currently considering Alabama's appeal of the district court's preliminary injunction order. The trial is set to begin in April 2024.
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