The lawsuit, first brought in 2023, came after the state legislature passed the Vulnerable Child Compassion and Protection Act. It was dropped last week by two families who were represented by a flood of national left-leaning groups.
The Alabama law prohibits health care providers from prescribing puberty blockers and cross-sex hormone treatments. It also bans surgeries that would seek to “transition” minors to a different gender.
Both sides in the discussion are waiting to see what the U.S. Supreme Court has to say on the matter.
In oral arguments in U.S. v. Skrmetti in December, the Court gave signals it would uphold a similar Tennessee law.
The Alabama law provides exceptions for individuals born with medically verifiable sex-development disorders and also requires parental notification if a child at school begins asking questions or behaving in a way that exhibits gender dysphoria.
Violations by medical professionals are considered a Class C felony and punishable by up to 10 years in prison.
Attorneys for the families gave no reason for their clients’ giving up the fight.
“We all are now awaiting the Supreme Court's decision in the Tennessee case to be able to see how the court weighs in and says what's the appropriate standard of review,” Alabama Attorney General Steve Marshall said on Washington Watch Tuesday.
Marshall told show host Tony Perkins the plaintiffs’ decision to end the lawsuit signals their own weak case.
Internal confusion from trans healthcare providers
“The great thing for Alabama, and I think it's good news across the country and the world, is that we've seen the plaintiffs abandon their challenge … there's no legal basis for which these plaintiffs can prevail in cases like this,” Marshall said.
A Reuters investigation found that parents who believe that such procedures are saving the lives of their children are often led astray by pro-transgender health care professionals.
But even those health care professionals are prone to disagree about the efficacy of the procedures.
In 2024, leaked documents from an online meeting involving members of the World Professional Association for Transgender Health (WPATH) were conflicted over the question of whether minors should be allowed to approve gender-manipulation procedures without parental input.
In a related and detailed X post, journalist Michael Shellenberger shared the leaked WPATH internal debates. He broke down the discussions into topics about children and adolescents, mental illness, and ethics.
"What has been currently happening is, frankly, not what we need to be doing, ethically," one of the medical professionals tells his colleagues.
Concerns like that contradicted previous public statements from WPATH.
The internal confusion at WPATH forms the core legal argument for those seeking to protect minors from making life-altering decisions, Marshall said.
WPATH professionals were unable to provide sufficient evidence to support their policies and procedures. Shielding their true beliefs and doubts from children and parents is highly unethical, Marshall said.
“One of the cornerstones of our medical system is this idea of informed consent. If we can't engage parents with informed consent about medicines and surgeries on kids, then we've completely lost what medicine is truly about,” he said.
The plaintiffs in the Alabama lawsuit were represented by the Human Rights Campaign; the Southern Poverty Law Center; the National Center for Lesbian Rights; GLBTQ Legal Advocates and Defenders (GLAD Law), plus other left-leaning groups.
In a joint statement to AL.com, attorneys talked about the “courage” of their clients but gave no reason for giving up the fight.
“A lot has changed in over three years. This is a very challenging environment for transgender adolescents and their families,” the lengthy 130-word statement began.
“The plaintiff families in this case were incredibly courageous to bring a case which secured an initial injunction that blocked the ban temporarily and made a huge difference in people’s lives.
“The shutting down of medical care in Alabama has forced our plaintiffs and other Alabama families to make heart wrenching decisions that no family should ever have to make, and they are making the decisions they need to make that are right for them.
“We salute the courage of these plaintiffs, and we will continue fighting to ensure families across the country have the freedom to get their transgender children the proven medical care that enables them to thrive.”
Why the flag of surrender?
Whatever the reason for dropping the lawsuit, Marshall is certain it wasn’t because the families ran out of cash.
“It’s clear that it wasn't because they lacked the resources. Many of the left-leaning transgender-pushing groups across the country have funded this litigation.
“What we had the opportunity to be able to do in Alabama is to uncover the truth. We exposed the scandal, and we showed the world what was taking place with our kids. That’s the reason why I believe these plaintiffs have raised the flag of surrender and have gone about their own business,” Marshall said.
