On Monday, a unanimous panel of the United States Court of Appeals for the Eleventh Circuit issued a decision vacating a lower court’s preliminary injunction against Alabama’s law protecting minors from experimental gender medicine. This is a tremendous victory in the war against these radical and experimental interventions—which include puberty blockers, cross-sex hormones, and surgeries. This result means that Alabama’s law is now in effect and that children and adolescents in Alabama are protected from experimental gender medicine while the litigation over this law continues in the lower court.
The Eleventh Circuit’s unanimous opinion, authored by Judge Barbara Lagoa, explained that States are permitted to enact laws like Alabama’s in order to protect “children from drugs, particularly those for which there is uncertainty regarding benefits, recent surges in use, and irreversible effects.” The court also explained that the statute did not draw sex-based classifications—and thus was not subject to any form of heightened judicial scrutiny—because the law protected both boys and girls alike. Judge Brasher, who joined the majority opinion in full, also issued separate concurring opinion explaining that, even if Alabama’s law were subject to a heightened form of scrutiny, it would likely still pass the relevant constitutional test. Credit to Alabama Attorney General, Steve Marshall, and his entire team for having the courage to take on this issue in the service of protecting the children of Alabama.
Although this decision is a major victory, the battle continues elsewhere. Over the next month or so, the Sixth Circuit Court of Appeals will be reviewing preliminary injunctions issued against the laws of both Kentucky and Tennessee that protect minors from experimental gender medicine. And the Eighth Circuit will eventually be reviewing a permanent injunction issued against Arkansas’ law. It seems likely that this issue will eventually reach the Supreme Court, where we are confident these laws will prevail against constitutional challenge.
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