Guest Commentary: Alabama Wants to Criminalize Medically-Necessary Care for Trans Youth. Two Dads are Fighting Back.

Their daughters are among the transgender people in Alabama who will be denied care under a new law that makes providing gender-affirming care to trans youth a felony.

By Li Nowlin-Sohl and Malita Picasso

Although they have never met one another, Jeff Walker and Jeff White have a lot in common. Both have called Alabama home for decades and have built their lives around raising a family there. Both were unsure about what to do when each of their daughters said, “I’m transgender.” But both of them, along with their wives, Lisa Walker and Christa White, refused to give into fear. They listened to their daughters, they learned from them and others, and above all else they continued to love and support their children.

Now, both dads fear they might have to leave their home state to do what’s best for their kids.

That’s because earlier this month, Alabama has made it a felony, punishable with up to 10 years in prison, to provide medically necessary care to trans youth. But rather than be driven out, these families are choosing to courageously challenge this unjust and harmful law.

We recently sued in Alabama on behalf of the White and Walker families to stop this law from going into effect. This is the seventh challenge to an anti-trans law we have brought since 2020, along with our lawsuit blocking Texas Gov. Greg Abbott’s directive to investigate families with trans kids for child abuse.

Even when a bill doesn’t pass or is blocked by courts, we know the consequences are grave. A leading suicide prevention organization says “the escalation of state policies that are harmful to LGBTQ people will only heighten and intensify experiences of rejection and discrimination and could lead to an increase in suicidal ideation.” Another organization reports increases in messages by LGBTQ+ youth to their crisis prevention hotline when anti-trans bills are introduced in the youth’s state. Trans youth, their parents, their doctors, and their teachers around the country are living in fear of being forced out of their state or their job.

We will continue to fight in state legislatures and courts, but the true measure of our work must be preventing these laws from being introduced in the first place.

We want more people to learn what Jeff Walker and Jeff White learned: that the medical care their daughters are receiving has been prescribed to cisgender adolescents for decades; that providing this care to transgender youth is supported by every major medical association; that this medical care is safe and effective; and when transgender youth are denied this care, it is more likely they will experience depression, struggle in school, and consider suicide.

Ultimately, like so many parents, these families decided to love their children and ensure that they are able to thrive.

The families report that when their daughters started to work with doctors, the team of health care providers were respectful, informative, and supportive. The providers assessed the girls to learn about their individual and unique needs. They gave the families truthful and unbiased information about what research has shown to be safe and effective medical care for young trans people. The families asked questions. The healthcare teams patiently answered. And, in the end, these two families decided on the best course of action to take for their kids.

Since accessing medical care, their daughters have grown more confident and are performing better in school. They are still the same people that they have always been — H.W. continues to love politics, and C.W. continues to love video games. But now, they are able to live more openly as their true selves and have become more connected with their families.

Jeff, Lisa, Jeff, and Christa are not alone. Parents around the country have spoken up in support of their transgender kids in the wake of the political and legislative attacks.

If our litigation doesn’t succeed, some families with the means to do so will move out of state to protect their kids. But many families with trans kids won’t have that option. For them, this lawsuit will determine whether they can continue to get the care they need, or whether they will be barred from accessing that care until 19, the age of majority in Alabama.

Trans youth need adults to speak up and say these attacks must end. If you want to speak up but don’t know what to say, we have a guide to talking about attacks on trans youth.

Passing bills that attack trans youth won’t stop youth from being trans, but they will stop trans youth from growing up at all.

Li Nowlin-Sohl, Senior Staff Attorney, LGBTQ & HIV Project

Malita Picasso, Staff Attorney, LGBTQ & HIV Project

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23 comments

  1. to provide medically necessary care to trans youth.

    safe and effective medical care for young trans people.

    Why, in all the articles you’ve run on this subject, does it vaguely refer to ‘medical care’, claim it to be a good thing with various ‘good describing words’, but not remotely explain what that care is — not even what level are we talking — counseling, pills, or surgery?  It’s just ‘gender affirming care’ like we are all supposed to know what that is or just assume it must be good because the Vanguard tells us so.  I’ve never heard the subject of children getting such whatever-it-is-because-you-won’t-tell-us until a few months ago, so EXCUSE ME for asking.

  2. Titled the “Alabama Vulnerable Child Compassion and Protection Act,” the law makes it a crime to prescribe or administer to anyone under 19 puberty blockers or hormone treatment “for the purpose of attempting to alter the appearance of or affirm the minor’s perception of his or her gender or sex.”

    Legislators made it a Class C felony to violate the law, meaning doctors who prescribe or administer such medication would be subject to up to 10 years in prison.

    The law, which takes effect on May 8 unless blocked by the courts, also bans surgeries for the purpose of altering gender appearance, but doctors say those are generally not performed on minors.

     

    So it criminalizes the use of medications that block puberty until after the child turns 19. Think about how stupid that is.

    The law requires counselors, teachers, principals and other administrators — in both public and private schools — to tell parents if a child discloses that they think they may be transgender. It also prohibits school staff from encouraging students to withhold the information from their parents.

    The second piece of legislation signed by Ivey involves public school bathroom use and classroom instruction.

    The law requires students in grades K-12 to use multi-person bathrooms and locker rooms that correspond to their sex at birth rather than their gender identity. It also prohibits teachers and others who provide lessons to grades K-5 from talking about sexual orientation or gender identity “in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.”

    https://abcnews.go.com/Health/wireStory/explainer-alabama-laws-transgender-kids-84027438

    1. The law requires counselors, teachers, principals and other administrators — in both public and private schools — to tell parents if a child discloses that they think they may be transgender. It also prohibits school staff from encouraging students to withhold the information from their parents.

      Parents have the right to know.

      1. The practical effect of that is a problem.  If they are not going to their parent in the first place, there is probably a reason – they aren’t comfortable doing so.  So now you may cut off an avenue for children who are suffering to get adult advise.  I don’t see that as a helpful innovation.

        1. Sorry, but parents have the right to know that a school employee is directing or assisting their children in something as important as their child’s sexual identity.  Are parents supposed to just blindly trust the school?  There are too many instances where that has gone wrong.

          Jessica Konen said two middle school teachers who ran the school’s Equality Club — later known as UBU (You Be You) — planted the seed that her daughter was bisexual in 6th grade and then introduced the idea she was transgender.

          https://www.gopusa.com/mother-teachers-manipulated-child-to-change-gender-identity/

          There are many stories on Google of these occurrences taking place in schools today.

           

          1. Disagree. All you do is end up cutting off the students from sources of help. The suicide rate for trans kids is astronomically high. You are literally playing politics with kids’ lives.

        2.  You are literally playing politics with kids’ lives.

          I’d rather the parents are involved in the politics of their own children’s lives than school employees.

           

          1. Having been through this kind of situation, I can tell you as a parent, you want them talking to someone who can give them good advice and help them understand that what they are feeling is normal. They aren’t going to talk to the parent until they are ready – even if the parent is pretty open and accepting.

  3. Disagree. All you do is end up cutting off the students from sources of help. The suicide rate for trans kids is astronomically high. You are literally playing politics with kids’ lives.

    How’s their suicide rate after medical intervention?

    Having been through this kind of situation, I can tell you as a parent, you want them talking to someone who can give them good advice and help them understand that what they are feeling is normal. They aren’t going to talk to the parent until they are ready – even if the parent is pretty open and accepting.

    Define “good advice”, and how/who is going to judge that.

    So it criminalizes the use of medications that block puberty until after the child turns 19. Think about how stupid that is.

    I’m thinking about it, and not necessarily arriving at the same conclusion as you. Though I’d go no later than the age of adulthood, rather than 19.

    1. So, I looked at the last quote a little more carefully, and agree that it’s “stupid” to (specifically) ban puberty blockers “after age 19”.  Due to the fact that the ship has sailed, at that point.

      So, this (in effect) blocks the use of puberty blockers, at all.  Which I don’t necessarily agree is “stupid”.

      Don’t know what to tell you, regarding those who attempt to block puberty (given that puberty itself has permanent effects, as does the sex that you’re born with).

      Ultimately, I don’t actually believe that anyone can legitimately “feel” that they’re a different sex than what they’re born as. For one thing, how do they know how it “feels” to be a different sex, since they aren’t that sex? What does that even mean?

      With the exception of those who are truly born with aspects of both sexes.

        1. Yeah, at which point they’d have no impact I assume.

          They’d be left with taking hormones and/or surgery, at that point.

          I’d like to know how large of a phenomenon all of this is, at this point.  It seems to have arisen recently, out of nowhere on a vast scale.  (At least, politically.)

          There’s always been a few people who have chosen gender reassignment surgery, but it was highly unusual in the past. Perhaps those folks would have been happier had they been able to “block puberty” (as well as take hormones, and pursue surgery earlier in their lives) but others may end up regretting this type of thing later. Some do regret it – that’s a fact.

        2. after the age of 19 the person can then use the blockers if they so choose.

          Yeah. Stupid is hardly the term for this. I assume you and Alabama legislators know that you’ve already gone through puberty by the age of 19?

          1. Perhaps people need to understand why this is important…

            What are the benefits of use of pubertal blockers?

            Gender dysphoria is the feeling of discomfort or distress that might accompany a difference between experienced or expressed gender and sex assigned at birth. Gender dysphoria that starts in childhood and worsens with the start of puberty rarely goes away.

            For children who have gender dysphoria, suppressing puberty might:

            Improve mental well-being
            Reduce depression and anxiety
            Improve social interactions and integration with other kids
            Eliminate the need for future surgeries
            Reduce thoughts or actions related to self-harm

            However, puberty suppression alone might not ease gender dysphoria.

            Source: Mayo Clinic

        3.  I assume you and Alabama legislators know that you’ve already gone through puberty by the age of 19?

          My problem is with parents not being informed or included in the decision making when it comes to their children.

  4. Gender dysphoria is the feeling of discomfort or distress that might accompany a difference between experienced or expressed gender and sex assigned at birth.

    That literally has no meaning.  At least, not one that can’t be explained by mental disorder (and/or societal encouragement).

    Gender dysphoria that starts in childhood and worsens with the start of puberty rarely goes away.

    Statistics to back up that claim?

    For children who have gender dysphoria, suppressing puberty might will:

    Have permanent and significant impacts on a child’s physical (and resulting psychological) development.  Some of which are likely still unknown, at this point.

    Serious medical intervention, based upon an undefined (and unscientific) “feeling”. Full speed ahead!

    However, puberty suppression alone might not ease gender dysphoria

    Ya think?

    1. I can’t imagine a school employee making decisions for a 5 year old child that the parents themselves should be doing.  In what world is that okay?

      1. Good point, but I might also ask whether or not the parents themselves are lunatics, or otherwise unable to effectively manage their role.

        It’s unfortunate that parents don’t have to go through some kind of “qualification requirement” before having kids.  🙂

        Personally, I think that’s even more important than driver license requirements.

        Truthfully, there are many, many people who aren’t good parents, one way or another. Some don’t even want (or assume) the role in the first place.

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