A lawsuit challenging Alabama’s Vulnerable Child Compassion and Protection Act (VCCPA) remained active on Tuesday, as a federal judge in Alabama declined to stay the case. This action came as an act of refusal towards a request from the United States government, intent on pausing the case while appellate courts determine the appropriate standard of review for state bans on gender-affirming care for transgender youth. US District Judge Liles Burke is presiding over this central issue matter.
The US government joined the lawsuit as a plaintiff in challenging the VCCPA. It requested the court to pause the case until the US Court of Appeals for the Eleventh Circuit or the US Supreme Court decide on an appropriate standard of review. However, Judge Burke declined to stay the lawsuit as the cases potentially determining such a standard are still under consideration. He dismissed the government’s motion without prejudice, implying a stay could be rendered appropriate if either the Eleventh Circuit or Supreme Court choose to address these cases.
Prior to the recent events, this case found its way to the Eleventh Circuit, where the court ruled in favor of the ban becoming effective. The VCCPA was signed into law by Alabama Governor Kay Ivey on April 8, 2022. It prohibits individuals from prescribing or administering puberty-blocking medication, testosterone or estrogen hormones, surgeries that sterilize and sex reassignment surgeries to genitalia and chest reconstruction surgery if the purpose aligns with attempts to alter the appearance of or affirm the minor’s gender perception. It essentially bans people within Alabama from providing gender-affirming care to minors, and its violation could result in a Class C felony charge, carrying a penalty of 10 years in prison or a fine of up to $15,000.
Last September, the US Court of Appeals for the Sixth Circuit permitted Tennessee and Kentucky to enforce similar bans on gender-affirming care for minors. The plaintiffs have appealed this decision, requesting the Supreme Court’s intervention.
A number of other states have proposed or passed comparable bans on gender-affirming care within the current year. In October, the Wisconsin State Assembly passed three bills banning gender-affirming care for minors and limiting transgender participation in sports. Additionally, Montana Governor Greg Gianforte signed a law banning gender-affirming medical care for transgender minors in the state, back in April.