Parents Challenging Alabama’s Criminal Ban on Healthcare for Transgender Adolescents to Argue before the 11th Circuit

MONTGOMERY, Ala. – Plaintiffs challenging Alabama’s SB 184 will urge the United States Court of Appeals for the 11th Circuit to affirm the district court’s order barring enforcement of the law, which would criminalize doctors and parents for providing transgender children with access to necessary medical care. The law was blocked by a federal district court judge in May 2022 after a two-day evidentiary hearing.

Arguments on Alabama’s appeal of the district court’s ruling will begin at approximately 9:30 a.m. CT Friday morning at the Frank M. Johnson Jr. U.S. Courthouse in Montgomery. The argument will be livestreamed. More information is available on the court website.

SB 184 criminalizes parents who seek essential medical care for their transgender children, the doctors who provide this medical care, and anyone else who assists transgender young people to get the care they need. Under the law, which is unprecedented, parents, doctors and others could face up to 10 years in prison and a fine of up to $15,000.

The district court blocked enforcement of SB 184 after an extensive evidentiary hearing in May 2022, finding that the law seeks to ban established, effective medical care and that doing so would cause severe harm. The district court found that the State of Alabama presented no credible evidence to contradict testimony from doctors and medical experts on the safety and efficacy of medical care for transgender youth who experience gender dysphoria, including the fact that over 22 major medical organizations recognize the established standard of care for transgender youth.

The suit, Boe v. Marshall, is brought by five parents on the grounds that it strips them of the right to make important decisions about their children’s healthcare. In its order blocking the law from taking effect, the district court agreed that plaintiffs are likely to prevail in their claim that SB 184 unconstitutionally discriminates against transgender minors and violates the fundamental right of parents, rather than the state, to make healthcare decisions for their children.

Plaintiff Megan Poe, mother of 15-year-old Allison of Northern Alabama (both proceeding anonymously):
“Like any parent, I want to provide my children with the support they need. Ensuring that my daughter has access to the medical care she needs has meant that she can be a confident teenager who is happy and optimistic about her future. I hope the court of appeals will see that parents of transgender children simply want our children to be healthy, happy and safe.”

The parent plaintiffs are joined by a private practice pediatrician in rural Southeast Alabama and a clinical psychologist in Birmingham. The U.S. Department of Justice has also joined the suit as plaintiff-intervenor challenging the constitutionality of the law, which would deny established medical treatments to youth who are transgender but not to others.

Additional Alabama parents of transgender children filed a friend-of-the-court brief asking the U.S. Court of Appeals for the 11th Circuit to uphold the injunction against SB 184.

In their brief, parents describe the importance of being able to seek the best medical advice and care to support their children’s well-being, and how they have seen their children flourish with access to the right care:

Laura and Brian Coe, parents of 15-year-old Matthew (proceeding anonymously)
As much as Matthew has benefitted simply from being accepted and affirmed by his family, school, doctors, and friends, his medical transition is a critical measure for his well-being…Since obtaining the medical care that he needs, Laura and Brian have seen Matthew begin to “come to life.” The Coes would “worry for Matthew’s safety” if there were a disruption to his care. They are “simply trying to support their child and provide him with the best care possible.”

Melissa Soe, parent of 15-year-old Taylor (proceeding anonymously)
Since coming out and receiving care, Taylor has gone from “an anxious, sad kid who had a hard time getting up in the morning, to a kid who is up and out on their bike, in the woods, and going to camp.” Taylor is finally beginning to remind their parents of the happy-go-lucky kid they were when they were younger, prior to puberty taking its toll…” [It is] very important to Taylor to have continuity of care,” which would be disrupted by implementation of [SB 184]. Simply knowing that such care is accessible has significantly decreased Taylor’s distress.

Cynthia Lamar-Hart, parent of Gwendolyn who began receiving transition-related care while an adolescent living in Alabama and is now in her late 20s
Because access to care was not available in Alabama at the time, the family had to travel out-of-state:

[E]ven with the means to afford and make time for out-of-state treatment, Cynthia witnessed how …  months of delays in Gwendolyn’s care resulted in suffering that she would not have experienced had she been able to visit a clinic in-state. Cynthia quickly saw a change in Gwendolyn after she began receiving transition-related care. Once Gwendolyn began the process of transitioning, she was no longer withdrawn, and became more confident and engaged socially and at school.

Joining these parents in asking the 11th Circuit to continue blocking enforcement of SB 184 are:

• Scientists and clinicians with extensive expertise in the recognized standards of care for adolescents diagnosed with gender dysphoria
  The seven scientists and clinicians have more than 57 years of clinical practice and have treated more than 2,100 transgender youth.

• European, Australian and New Zealand organizations with knowledge of the standards and availability of care in their respective countries
  The organizations submitted their brief to provide the court with accurate information about the availability of gender-affirming healthcare in the United Kingdom, Sweden, Finland, Australia and New Zealand, confirming that, contrary to the State of Alabama’s arguments, adolescents do have access to appropriate care in their countries.

• The American Academy of Pediatrics, the American Academy of Family Physicians (“AAFP”), the American Academy of Nursing (“AAN”), the American Medical Association (“AMA”), the American Pediatric Society (“APS”) and 16 other national and state medical and health organizations
  These professional medical and mental health organizations represent thousands of professional healthcare providers with expertise in providing care for youth, including transgender youth. They seek to ensure that all children and adolescents, including those with gender dysphoria, receive the optimal medical and mental healthcare they need and deserve. 

 

All friend-of-the-court briefs filed in support of plaintiffs-appellees and other case documents can be found here.

The plaintiffs-appellees are represented by The Southern Poverty Law Center (SPLC), Lightfoot, Franklin & White LLC, King & Spalding LLP, GLBTQ Legal Advocates & Defenders (GLAD), the National Center for Lesbian Rights (NCLR), and the Human Rights Campaign (HRC).

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The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. SPLC Action Fund is the 501(c)4 affiliate organization to the Southern Poverty Law Center. For more information, visit www.splcactionfund.org 

Through strategic litigation, public policy advocacy, and education, GLBTQ Legal Advocates & Defenders works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation. www.glad.org  

The Human Rights Campaign (HRC) is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community. www.hrc.org

The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding 45 years ago, NCLR has maintained a longstanding commitment to racial and economic justice and the most underrepresented in the LGBTQ community. www.nclrights.org