Florida Gov. Ron DeSantis recently pointed to Alabama’s success in its ongoing court battle over transgender surgeries for minors to assure citizens that a similar 2023 law in Florida will win on appeal after an injunction from a federal judge.
In April 2022, Gov. Kay Ivey signed the Vulnerable Child Compassion and 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. Burke's injunction came after multiple parties added themselves as plaintiffs in a case challenging the law, including five minors identified as transgendered through their parents, the United States of America, and Kaitlin Toyama, an attorney-advisor with the civil rights division of the DOJ.
In August 2023, the 11th Circuit ruled the district court had erroneously enjoined state officials from enforcing VCAP. Attorney General Steve Marshall's office then asked the Court to reverse the injunction, pending further litigation. In February, the 11th Circuit granted the state's request and struck down the injunction, allowing the state to enforce VCAP while awaiting a full trial scheduled in August.
Florida is undergoing a similar fight with its own 2023 law banning transgender surgeries and puberty blockers for minors. Last week, Clinton-appointed Justice Robert Hinkle placed an injunction on the law taking effect, arguing that transgender surgeries and drugs for minors are medically necessary.
Speaking on the court’s decision, DeSantis stated emphatically that the state would appeal, pointing to Alabama’s win in the Eleventh Circuit as virtually guaranteeing Florida’s success on reversal.
When asked why taxpayer dollars should go toward funding the appeal, Desantis responded, "Because it's wrong to mutilate minors. It is wrong. It is wrong to perform a sex change on a 16-year-old. You're not allowed to get a tattoo, but somehow you can have your privates cut off? Give me a break. This is wrong. And I would also say this has already been decided by the Eleventh Circuit Court of Appeals. They upheld Alabama's law, which was almost identical to Florida's."
VCAP is still being adjudicated in court, and things are not looking good for opponents of the law. A hearing is scheduled for next week for 11 attorneys opposing VCAP after Burkes accused them of “judge shopping” and one of lying under oath.
RELATED: ‘Judge shopping’ hearings in Alabama transgender surgery ban lawsuit set for next week
The attorneys represent left-wing groups such as the Southern Poverty Law Center, GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and the American Civil Liberties Union.
Possible sanctions include suspension from practice in the Northern and Middle Districts of Alabama, censure, public or private reprimand, disqualification, ineligibility for appointment as court-appointed counsel, ineligibility to appear pro hac vice or on behalf of the United States in the Northern and Middle Districts of Alabama, and monetary sanctions.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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