A federal judge declined Tuesday to pause litigation challenging Alabama's ban on gender-affirming care for minors as similar cases wind upward toward the U.S. Supreme Court.
U.S. District Judge Liles Burke said no to a request from the U.S. Department of Justice to put the Alabama case on hold until appellate courts decide if they will hear related petitions on whether states can enact such bans. The Justice Department asked for the stay because, "this exceptional legal landscape is quickly evolving."
Burke wrote that the case will move forward for now. He said a stay might be appropriate later if those petitions are granted.
Transgender young people and their families have asked the U.S. Supreme Court to review an appellate court decision that allowed bans in Kentucky and Tennessee to remain in effect. In the Alabama case, families with transgender children have asked the full 11th U.S. Circuit Court of Appeals to review a decision that would let the Alabama law take effect.
The Alabama case is scheduled to go to trial in April.
A significant number of states have passed legislation that either bans or places restrictions on gender-affirming care for minors. Many of these laws are currently facing legal challenges.
For instance, in Alabama, the ban on gender-affirming care for minors is considered a felony offense, carrying a potential prison sentence of up to 10 years. This includes the use of puberty blockers or hormones to support a new gender identity. However, the law is currently blocked by an injunction and will remain so until a mandate is issued by the 11th Circuit appeals court.
