A federal judge in Alabama issued a preliminary injunction Friday blocking most provisions of a controversial new state law criminalizing gender-affirming health care for minors.
Citing legal precedents, the ruling noted that “a parent’s right to ‘make decisions concerning the care, custody and control of their children’ is one of the ‘oldest of fundamental liberty interests’ recognized by the Supreme Court.”
Arguments by the state fell flat. Defendants, for example, produced no “credible evidence to show that transitional medications are ‘experimental,’” as claimed, Burke noted. The state’s justifications for the law are “hypothesized, not exceedingly persuasive,” the judge added.
Burke issued the injunction after concluding that the “imminent threat of harm to Parent Plaintiffs and Minor Plaintiffs — i.e., severe physical and/or psychological harm” while the case is being argued “outweighs the harm the State will suffer from the injunction.”
The judge did allow several other provisions of the law to remain in place, including a ban on gender-affirming surgeries for minors.