The 11th Circuit Court of Appeals recently struck down an injunction prohibiting the state of Alabama from implementing its ban on performing transgender surgeries and hormone treatments for children.
In April 2022, Gov. Kay Ivey signed 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 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 a case challenging the law, 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.
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. On Thursday, the 11th Circuit granted the state's request and struck down the injunction.
"The physical and psychological safety of our children can now be better protected from these untested and life-altering chemical and surgical procedures through the implementation of the Alabama Vulnerable Child Compassion and Protection Act," Marshall said. "This is a significant victory for our country, for children, and for common sense."
VCAP is still scheduled for a full trial this year. However, Thursday's decision will allow the state to enforce VCAP until a decision is made.
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