An Alabama judge just gave liberals a massive legal victory.
ABC News reports that U.S. District Judge Liles Burke just put a stop to an Alabama law that makes it a felony to prescribe gender-affirming puberty blockers and hormones to transgender minors.
Burke made the ruling on Friday. What he specifically did was grant a preliminary injunction, which will temporarily prevent the state from enforcing the medication ban while the lawsuit regarding its legality proceeds.
The law and the lawsuit
The lawsuit challenges the legality of the Vulnerable Child Compassion and Protection Act, the first law of its kind. Among other things, the Associated Press reports that the act “made it a felony, punishable by up to 10 years in prison, to prescribe or administer gender-affirming medication to transgender minors to help affirm their new gender identity.”
This is the part of the law that Burke put a temporary stop to. The rest of the act remains in place.
The lawsuit challenging the act was brought by four families with transgender children. The children range in age from 12 to 17. The Biden administration’s Department of Justice (DOJ) has also joined the lawsuit.
According to the Associated Press, the act is being challenged on several different grounds including that it is “discriminatory, an unconstitutional violation of equal protection and free speech rights, and an intrusion into family medical decisions.”
Burke, an appointee of former President Donald Trump, ruled, “enjoining the Act upholds and reaffirms the ‘enduring American tradition’ that parents — not the states or federal courts — play the primary role in nurturing and caring for their children.”
An appeal is forthcoming
Those on the political left have celebrated Burke’s decision to place a temporary hold on the enforcement of the law.
Jennifer Levi, the director of the transgender rights project for GLBTQ Legal Advocates & Defenders, for example, said:
This ruling means that parents of transgender children in Alabama will continue to be able to make the healthcare decisions that are best for their families. It is an extraordinary relief. Parents should not be punished for wanting to do what’s best for their kids.
Alabama Gov. Kay Ivey (R) and Alabama Attorney General Steve Marshall (R), on the other hand, both expressed disappointment in Burke’s decision.
Marshall is said to be “already working on filing an appeal in defense of the law.”