The action comes after the department sent a letter to all 50 state attorneys general warning that blocking transgender and nonbinary youth from receiving gender-affirming care could be an infringement of federal constitutional protections.
The Justice Department filed a motion seeking to intervene in an ongoing lawsuit challenging the law as unconstitutional and seeking to block it from taking effect on May 8.
“The law discriminates against transgender minors by unjustifiably denying them access to certain forms of medically necessary care,” the complaint states. “As a result of S.B. 184, medical professionals, parents, and minors old enough to make their own medical decisions are forced to choose between forgoing medically necessary procedures and treatments or facing criminal prosecution.
Four families with transgender children, two doctors and a member of the clergy filed a lawsuit challenging the Alabama law as an unconstitutional violation of equal protection and free speech rights and an intrusion into parental decisions. U.S. District Judge Liles Burke has scheduled a May 5 hearing on a request for a restraining order or preliminary injunction to stop Alabama officials from enforcing the law while the court challenge goes forward.
“Parents want to do what’s best for their children, but SB 184 strips some Alabama parents of that ability by imposing criminal penalties for providing critically important and established medical care for their transgender children,” Warbelow said in a statement.
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