Federal judges on the 11th Circuit Court of Appeals denied a request on Wednesday for a rehearing of a lawsuit against a 2022 Alabama law banning doctors from performing transgender operations.
With the Court's ruling, Alabama can still continue enforcing the ban.
A majority of the judges in active service on the court voted against granting rehearing the lawsuit to plaintiffs suing the state of Alabama.
In April 2022, Gov. Kay Ivey signed the Vulnerable Child Protection Act (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.
In August 2023, the 11th Circuit Court of Appeals struck down the preliminary injunction, saying it did not apply the correct standard of scrutiny.
Chief Judge William Pryor, who supported denying a rehearing, said, "Difficult questions of morality, parental rights, and medicine are properly left to democracy, and we should not pretend that the Due Process Clauses give unelected judges the authority to second-guess public policy."
U.S. Circuit Judge Barbara Lagoa said in support of denying the rehearing, "The record contains many stories of others who were irreversibly harmed by similar medications."
"Sydney Wright took large doses of cross-sex hormones for a year. In Wright's words, her grandfather "saved her life" when he persuaded her to stop. As a teenager, Wright's father kicked her out of the house after he learned that she was attracted to women, and Wright began questioning if she was 'really a man' because she was 'attracted to girls.' Wright saw a counselor who recommended she begin taking testosterone and undergo a double mastectomy. The counselor never explored the negative effects of Wright's relationship with her parents or the years of sexual molestation she endured as a child. Wright started testosterone injections after a ten-minute appointment with a physician who told her to learn "on YouTube" how to "give 'herself' the shots," Lagoa said.
"Testosterone caused Wright's voice to deepen, permanently. She also gained fifty pounds and became pre-diabetic. After a year, her blood thickened, her red blood cell count increased, and she developed a blood disorder that could lead to heart attack and stroke. She also began experiencing excruciating abdominal pain, which she continues to suffer from. One day, her grandfather — who Wright describes as 'the most important man in her life' — had a 'down to earth' talk with her. With 'tears in his eyes,' he expressed concern about her treatment and asked her to take a three-year break to reevaluate her decision. According to Wright, her grandfather 'was worried about her health,' and 'he never cared how she looked.' Wright agreed to take a break, and on further reflection, realized that she needed counseling, not hormone medications. Wright still suffers negative side effects from cross-sex hormones, including digestive problems, tachycardia, and an increased red blood cell count. Her gynecologist also told her that she may never be able to have children."
Lagoa concluded, "Adults who advocate for adolescent transition do so without understanding what tradeoffs early transition entails, which includes the loss of fertility, the likelihood of sexual dysfunction, and the likelihood of surgical complication inflicted at an early age from elective procedures. Unfortunately, I do understand some of these tradeoffs.
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
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