Alabama child medical transition ban reinstated by US appeals court

[mountaineer]

Alabama child medical transition ban reinstated by US appeals court
by Breccan F. Thies, Investigative Reporter
August 21, 2023 08:56 PM

A U.S. appeals court Monday reinstated Alabama's ban on gender transition drugs for children, overturning a lower court injunction.

The three-judge panel for the 11th U.S. Circuit Court of Appeals, all of whom were appointed by former President Donald Trump, reinstated the law, ruling that Alabama has "a compelling interest in protecting children from drugs, particularly those for which there is uncertainty regarding benefits, recent surges in use, and irreversible effects."

The decision authored by Judge Barbara Lagoa allows Alabama's restriction on puberty blockers and cross-sex hormones to take effect.

“The Eleventh Circuit reinforced that the State has the authority to safeguard the physical and psychological wellbeing of minors, even if the United States Attorney General and radical interest groups disapprove,” Yellowhammer State Attorney General Steve Marshall said. “Alabama takes this responsibility seriously by forbidding doctors from prescribing minors sex-modification procedures that have permanent and often irreversible effects. This is a significant victory for our country, for children, and for common sense.”  ...

Washington Examiner

Link to full opinion: https://media.ca11.uscourts.gov/opinions/pub/files/202211707.pdf

[Kamaji]

Good decision.

[PeteS in CA]

Preliminary injunction in Alabama gender care for minors law vacated

https://hotair.com/david-strom/2023/08/22/preliminary-injunction-in-alabama-gender-care-for-minors-law-vacated-n572718

The 11th Circuit Court vacated a preliminary injunction against an Alabama law that made using puberty blockers or hormone treatments on minors illegal.

Alabama’s Vulnerable Child Compassion and Protection Act was passed last year and was almost immediately enjoined by a judge. The basis of the injunction was that prohibiting parents from certain medical decisions for their children violated their constitutional rights and the Equal Protection Clause of the Constitution. The lower court agreed with this contention and prevented the law from going into effect.

The 11th Circuit held that the injunction was invalid. Not just invalid, but based on very flimsy legal reasoning.
...
There are a number of legal infirmities the Circuit Court identified. First and foremost is that they disagreed with the District Court that the case was likely to succeed on its merits. Parents do not have an unlimited right to make decisions for their children, including medical decisions. And especially medical decisions based upon experimental treatments, even if physicians believe that the treatment is warranted.