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Federal court blocks part of Alabama trans medical treatment law

“Kids in Alabama can now continue to receive this lifesaving care, & doctors cannot be prosecuted simply for doing their jobs”

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Hugo L. Black United States Courthouse, Birmingham, Alabama (Photo Credit: US Courts/DXR)

BIRMINGHAM, Ala. — In a 32 page ruling released Friday evening, U.S. District Judge Liles Burke preliminarily enjoined the state from enforcing the law criminalizing medical care for transgender minors in Alabama.

The law made it a felony for Doctors and licensed healthcare providers to give gender-affirming puberty blockers and hormones to transgender minors.

Burke, who was nominated to the bench by former President Donald Trump to serve on the U.S. District Court for the Northern District of Alabama, wrote that the section of the Alabama Vulnerable Child Compassion and Protection Act that makes treatment of trans minor children a felony; “the Court finds that there is a substantial likelihood that Section 4(a)(1)–(3) of the Act is unconstitutional and, thus, enjoins Defendants from enforcing that portion of the Act pending trial.”

Judge Burke however ruled that all other provisions of the Act remain in effect, specifically: (1) the provision that bans sex-altering surgeries on minors; (2) the provision prohibiting school officials from keeping certain gender-identity information of children secret from their parents; and (3) the provision that prohibits school officials from encouraging or compelling children to keep certain gender-identity information secret from their parents.

The U.S. Department of Justice had challenged the state’s  SB 184 – a bill that would criminalize doctors for providing best-practice, gender-affirming care to transgender and nonbinary youth.

In the filing by the Justice Department, the complaint alleges that the new law’s felony ban on providing certain medically necessary care to transgender minors violates the Fourteenth Amendment’s Equal Protection Clause. The department is also asking the court to issue an immediate order to prevent the law from going into effect.

S.B. 184 makes it a felony for any person to “engage in or cause” specified types of medical care for transgender minors. S.B. 184 thus discriminates against transgender youth by denying them access to certain forms of medically necessary care.

It further discriminates against transgender youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures. The penalties for violating the law include up to 10 years of imprisonment and a fine of up to $15,000. S.B. 184 would force parents of transgender minors, medical professionals, and others to choose between forgoing medically necessary procedures and treatments, or facing criminal prosecution.

The United States’ complaint alleges that S.B. 184 violates the Equal Protection Clause by discriminating on the basis of sex and transgender status.

LGBTQ legal rights advocates SPLC, GLAD, NCLR, and HRC, joined by co-counsel King & Spalding LLP and Lightfoot, Franklin & White LLC, had previously filed a legal challenge in federal district court against Alabama SB 184.

Shannon Minter, the Legal Director for the National Center for Lesbian Rights, one of the legal rights advocacy groups who had sued Alabama told the Blade late Friday night:

“We are thrilled by this outcome, which will provide enormous relief to transgender children and their families. As the court recognizes, this is well established medical care that has been endorsed by 22 major medical associations. Thanks to this decision, kids in Alabama can now continue to receive this lifesaving care, and their doctors cannot be prosecuted simply for doing their jobs. This is a huge victory for compassion and common sense and a much needed antidote to the tidal wave of hostile legislation targeting these youth.”

In addition to the U.S. Justice Department,  the doctors challenging SB 184 in Ladinsky v. Ivey are Dr. Morissa J. Ladinsky and Dr. Hussein D. Abdul-Latif, both providers at the Children’s Hospital of Alabama and members of the medical staff at the University of Alabama at Birmingham Hospital and the teaching staff at UAB School of Medicine. Dr. Ladinsky and Dr. Abdul-Latif have long-term expertise in caring for transgender children of Alabama families. Under SB 184, they both face criminal penalties including up to 10 years in prison if they continue to provide that support to their patients.

The Alabama family plaintiffs are proceeding anonymously to protect their children. They include Robert Roe, and his 13-year-old transgender daughter Mary, of Jefferson County; and Jane Doe and her 17-year-old-transgender son John, of Shelby County. These families have deep ties to Alabama. If SB 184 is allowed to go into effect both families will be forced to choose between leaving the state, breaking the law, or facing devastating consequences to their children’s health.

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U.S. Federal Courts

Federal Court rules against Tennessee’s anti-Trans restroom sign law

“Today’s decision ensures that the businesses who welcome them are not forced to become instruments for politicians’ discrimination”

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Estes Kefauver Federal Building and Courthouse Annex Nashville, TN (Photo Credit: GSA/U.S. Courts)

NASHVILLE – A U.S. District Court on Tuesday struck down the Tennessee law that required businesses and other entities that allow transgender people to use the public restroom that matches their gender to post a government-prescribed warning sign.

The measure known as House Bill 1182 (SB 1224), requires businesses or government facilities open to the public to post a sign if they let transgender people use multi-person bathrooms.

On July 9, 2021, the court granted a preliminary injunction blocking the law from going into effect, and today’s ruling strikes down the law permanently.

According to the text of the law, language would be required to be included on the signs reading: “This facility maintains a policy of allowing the use of restrooms [or another type of accommodation] by either biological sex, regardless of the designation on the restroom.”

“We applaud the court for recognizing that this law violates the First Amendment and harms transgender people,” said Hedy Weinberg, ACLU of Tennessee executive director. “Transgender individuals should be able to live their lives free of harassment and discrimination. Today’s decision ensures that the businesses who welcome them are not forced to become instruments for politicians’ discrimination.”

Screenshot via WVLT CBS 8 Knoxville

In the U.S. District Court for the Middle District of Tennessee ruling, U.S. District Court Judge Aleta A. Trauger noted; “It would do a disservice to the First Amendment to judge the Act for anything other than what it is: a brazen attempt to single out trans-inclusive establishments and force them to parrot a message that they reasonably believe would sow fear and misunderstanding about the very transgender Tennesseans whom those establishments are trying to provide with some semblance of a safe and welcoming environment.”

“Transgender Tennesseans are real. The businesses and establishments that wish to welcome them are real. And the viewpoints that those individuals and businesses hold are real, even if they differ from the views of some legislators or government officials,” Judge Trauger added.

The lawsuit was filed on behalf of Bob Bernstein and his restaurant Fido, who objected to the stigmatizing message that would have been required by this law. Fido has informal policies that allow customers to determine which restroom is appropriate for them and has not had any complaints or concerns about their restroom policies.

“As a former journalist, I believe strongly in free speech,” said Bob Bernstein, owner of Fido, a restaurant in Nashville. “The government can’t just force people to post discriminatory, inaccurate, and divisive signs in their places of business. I am glad that the court recognized that this law violates the First Amendment.”

“We’re thrilled to see the court rule in support of transgender and non-binary lives today. This signage law was simple cruelty – and cruelty is unjust,” said Henry Seaton, ACLU of Tennessee transgender justice advocate. “We’ll continue our pursuit of trans justice to its fullest extent, and hope that the trans and non-binary community feels relief and hope from this ruling.”

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U.S. Federal Courts

Federal court overturns asylum ruling demanding man prove he’s gay

The initial ruling was the asylum bid was frivolous because he fabricated a key element of his application & failed to establish he’s gay

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Courtroom, 9th U.S. Circuit Court of Appeals (Photo Credit: Library of Congress/GSA)

SAN FRANCISCO – A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously ruled against a U.S. Immigration judge’s finding that denied an asylum bid by a Nigerian man who says he is gay.

The court documents filed by Peter Udo asserted a fear of persecution or torture in Nigeria based on his status as a gay man and the harm he suffered after being discovered having sex with his boyfriend in a hotel.

According to Reuters, the U.S. Board of Immigration Appeals had affirmed an immigration judge’s ruling that Udo’s asylum bid was frivolous because he deliberately fabricated a key element of his application and failed to establish that he is gay.

Udo initially gave an asylum officer the name of a hotel that did not exist, later saying that he was afraid to identify the actual hotel, according to court filings.

But the location of the hotel is at best ancillary to Udo’s claims, the 9th Circuit said, “and is certainly not a material element.”

Udo fled Nigeria after being beaten and detained by Nigerian authorities filing a claim for political asylum in part based on the 2014 Nigerian law that criminalizes homosexuality, same-sex marriage, and same-sex relationships.

The 9th Circuit returned the case Wednesday to the U.S. Board of Immigration Appeals to reconsider Udo’s case.

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U.S. Federal Courts

Lawsuit filed on ban of HIV+ people enlisting or commissioned in military

“It is unacceptable that the U.S. military continues to perpetuate harmful stigma against people living with HIV”

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U.S. Senator Patrick Leahy of Vermont with Vermont National Guard troops (USNG Public Affairs/Vermont)

BURLINGTON, Vt. – Lawyers for Civil Rights (LCR) filed a federal civil rights lawsuit Thursday in the U.S. District Court for the District of Vermont against U.S. military officials and the Vermont National Guard, challenging the antiquated, irrational, and discriminatory policies that bar individuals living with HIV from their professional aspirations of enlisting in or commissioning to the military. 

This lawsuit is brought by John Doe, a Latinx student at a Vermont military academy, who suddenly found himself separated from the Army National Guard and removed from Reserve Officers’ Training Corps (ROTC), the pathway to commissioning with the military as an officer, when he learned that he is HIV-positive. Like many individuals living with HIV, Mr. Doe is on antiretroviral therapy that keeps him healthy and renders his viral load undetectable. Although his treating physician has confirmed that this means he has no physical limitations, the military deemed him unfit for service based on his HIV status alone.

“I am filing this lawsuit to prevent the military from arbitrarily discriminating against people living with HIV,” said Mr. John Doe. “I also hope that this lawsuit can return my dream of a military career to me.” Mr. Doe is deeply devoted to serving his country and has aspired to be a service member since the age of seven. He was raised by a single mother and born into a Latinx family with extensive military history. The military’s current discriminatory policies, however, have trampled Mr. Doe’s dreams.

“It is unacceptable that the U.S. military continues to perpetuate harmful stigma against people living with HIV,” said Sophia Hall, Deputy Litigation Director at Lawyers for Civil Rights. “By this lawsuit, we aim to end these antiquated military policies based on outdated science.”

“These military policies against people living with HIV are unconstitutional and all-around a poor business practice,” said Oren Sellstrom, Litigation Director at Lawyers for Civil Rights. “The U.S. military is eliminating a talented and diverse workforce on the basis of old science that bears no relation to current fitness.” 

Today’s lawsuit opens up a new frontier in the fight against HIV discrimination by the military, by challenging military policies that prevent individuals from embarking on a military career.  A federal judge from the Eastern District of Virginia recently ruled that asymptomatic HIV-positive service members with an undetectable viral load cannot be separated or discharged from the military merely because of their HIV-positive status. Today’s lawsuit seeks to extend that ruling to those aspiring to a military career. In addition to asking the Court to reinstate Mr. Doe, the lawsuit asks the Court to invalidate the regulations and policies that led to his separation.

Attorney Hall highlighted the civil rights implications of the lawsuit, noting that Black and Latinx individuals make up nearly 70% of HIV diagnoses, but only 30% of the U.S. population. “Military service has long been viewed by communities of color as an admirable path to education and job security,” she said. “That path should not be foreclosed based on the military’s outdated and discriminatory policies regarding HIV.”

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