Biden blocks Alabama ban on gender-affirming care for Trans youth

The Southeastern state is being sued by the Biden administration to put a stop to the anti-Trans law, due to come into effect on May 8.

News . Written by Saoirse Schad.

Colourful beads spelling out the word 'Transgender'. This story details the blocking of the Alabama law to bank gender-affirming care for Trans youth.
Image: Photo by Sharon McCutcheon from Pexels

The state of Alabama was due to introduce a law which criminalises gender-affirming care for Trans youth later this week, but the US Department of Justice (DOJ) has taken legal action to stop that from happening.

Marking the first time the Biden administration has such action to prevent a law from coming into existence, the DOJ has asked a federal court to block Senate Bill 184, which penalises those who provide gender-affirming care to young Transgender people. This law would specifically target parents and doctors who provide medical care to Trans minors, carrying sentences of up to ten years in prison and resulting in fines of up to $15,000. Puberty blockers, hormones and surgery would all be prohibited for Trans youth under this law.

The lawsuit argues that this ban on gender-affirming care is in violation of the Constitution’s Fourteenth Amendment by discriminating based on sex and gender identity. Under the Fourteenth Amendment, all citizens are guaranteed equal protection.

“S.B. 184 thus discriminates against transgender youth by denying them access to certain forms of medically necessary care,” reads a press release by the DOJ. “It further discriminates against transgender youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures.”

The first hearing is scheduled for Thursday, May 5, with the outcome of this case potentially setting precedent for Trans youth, their families and medical practitioners in many states with similar laws already in place or under consideration.

Meanwhile, 18 other states are offering refuge to those affected by anti-Trans laws such as SB 184, following the lead of California, modelling their bills after that which was proposed by state Senator Scott Wiener in March of this year.

“We’re sick of just playing defense against what these red states are doing,” said Sen Wiener. “We’re going on offense, we’re going to protect LGBQT kids and their families and we’re going to build a rainbow wall to protect our community.”

Sen Wiener’s bill would overrule court judgments by other states regarding Trans youth, making California a safe place for young Transgender people and their families, should they need to relocate from Alabama or other “red states” to access gender-affirming care.

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