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父母和医生们表示欣慰，跨性别青少年在对 SB 184 的挑战继续进行期间将能够继续接受必要的医疗护理。

阿拉巴马州联邦地区法院法官发布了 裁决阻止阿拉巴马州 SB 184 法案的执行 与此同时，针对该法律的法律挑战仍在继续。SB 184 法案将寻求为其跨性别子女获得基本医疗服务的父母定为犯罪。该法案规定，任何协助这些年轻人获得所需医疗服务的人，包括医生和父母，都将面临最高 10 年的监禁。

这套西装， 埃克内斯-塔克牧师诉马歇尔案，由来自阿拉巴马州各地的四位家长提起诉讼，理由是该法案剥夺了他们对子女医疗保健做出重要决定的权利。此外，还有一位来自阿拉巴马州东南部农村地区的私人执业儿科医生、一位来自阿拉巴马大学伯明翰分校医疗系统的临床心理学家，以及伯明翰朝圣者联合基督教会的资深牧师保罗·埃克内斯-塔克牧师，他们都可能根据该法案面临刑事处罚。美国司法部也加入了诉讼，因为 原告介入者 质疑该法律的合宪性，该法律拒绝为变性青年提供既定的医疗治疗，但允许为其他青年提供治疗。

这项裁决是在5月5日和6日举行的为期两天的证据听证会之后做出的。听证会上，医生和医学专家阐述了针对患有性别焦虑症的跨性别青少年的医疗护理的公认安全性和有效性，以及拒绝此类护理对儿童健康的损害。法院收到的证据证实，超过22个主要医疗机构认可针对跨性别青少年的既定护理方案。法院还通过简报和闭门作证的方式听取了原告父母的陈述，阐述了获得适当医疗服务对其子女健康和福祉产生的深远积极影响，以及停止治疗可能带来的毁灭性损害。

美国儿科学会、阿拉巴马州儿科学会、美国医学会和其他州和国家医疗组织提交了一份 法庭之友陈述 描述医学界对支持跨性别青年护理标准的共识，并反对 SB 184 等将经过验证的必要护理定为犯罪并禁止的法律。

原告梅根·坡（Megan Poe），阿拉巴马州北部 15 岁女孩艾莉森（Allison）的母亲：
和所有父母一样，我每天最关心的就是孩子健康、快乐、安全。知道女儿能够继续获得她所需的支持和关爱，让她成长为如今自信、积极向上的青少年，我感到无比欣慰。虽然我知道很多人可能不理解拥有一个跨性别孩子意味着什么，但我很感激法庭听取了我以及其他像我们一样的家庭的经历，他们对SB 184法案的后果感到恐惧。阻止这项法律的通过意味着我们可以稍微松一口气，直到它彻底停止。

自 2015 年起担任历史悠久的朝圣者教堂联合基督教会 (UCC) 主任牧师的保罗·埃克内斯-塔克 (Paul Eknes-Tucker) 牧师表示：
我与许多家庭交谈过，他们的跨性别子女在得到妥善的照顾和支持后茁壮成长。这些家庭也向我分享了他们对于这项法律生效后子女命运的担忧。这项裁决令我感到欣慰，它将减轻他们对未来生活的担忧，使他们能够专注于继续抚养孩子。

阿拉巴马州东南部农村私人诊所儿科医生 Rachel Koe 博士：
“父母希望并需要能够寻求值得信赖的医疗建议和护理，以保障孩子的健康，而中途中断治疗可能会造成毁灭性的后果。这项裁决为跨性别儿童提供了喘息的机会，使他们能够继续获得所需的护理，也为那些希望为孩子提供最佳选择的父母提供了喘息的机会。”

詹姆斯·佐伊（James Zoe），伯明翰 13 岁男孩扎卡里（Zachary）的父亲：
这项裁决意味着我们将能够继续为孩子提供他所需的医疗服务，这对我们全家来说，没有什么比这更重要，也没有什么比这更令人欣慰的了。阿拉巴马州是我们的家，我们希望这项残酷的法律不会被允许强迫我们离开这里。我们正在为我们的孩子而战，并将继续战斗，确保他和阿拉巴马州所有跨性别青年都能继续获得适当的医疗服务。

挑战该法律的家庭来自全州各地，由于担心根据SB 184法案面临刑事起诉的风险，以及为了保护自身隐私和安全，他们选择匿名起诉。他们分别是：来自蒙哥马利的布里安娜·博伊（Brianna Boe）和她12岁的跨性别儿子迈克尔·博伊（Michael Boe）；来自伯明翰的詹姆斯·佐伊（James Zoe）和他13岁的跨性别儿子扎卡里·佐伊（Zachary Zoe）；来自阿拉巴马州北部的梅根·坡伊（Megan Poe）和她15岁的跨性别女儿艾莉森·坡伊（Allison Poe）；以及来自阿拉巴马州东部的凯西·诺伊（Kathy Noe）和她17岁的跨性别儿子克里斯托弗·诺伊（Christopher Noe）。

原告的代表是 Lightfoot, Franklin & White LLC、King & Spalding LLP、GLBTQ 法律倡导与捍卫者 (GLAD)、全国女同性恋权利中心 (NCLR)、南方贫困法律中心 (SPLC)、 和 人权运动（HRC）.

“这项裁决意味着阿拉巴马州跨性别儿童的父母将继续能够做出对其家庭最有利的医疗保健决定。这令人欣慰。父母不应该因为想为孩子做最好的事情而受到惩罚。” GLAD 跨性别者权利项目主任 Jennifer Levi 说道。

“这项裁决减轻了自上个月SB 184法案通过以来，阿拉巴马州各地家庭承受的巨大压力。州政府不应该因为遵守医疗指南并提供必要的医疗服务而将父母和医生定罪。” NCLR 高级律师兼跨性别青年项目主任 Asaf Orr 表示.

“我们很感激法院听取了那些可能因这项法律而受到严重伤害的家庭和医疗服务提供者的强烈诉求。父母不应该被置于难以想象的境地，要么拒绝跨性别子女所需的医疗保健，要么面临牢狱之灾。” HRC 法律总监 Sarah Warbelow 说道.

“阻止 SB 184 的执行有利于阿拉巴马州跨性别青年的福祉，也有利于父母的权利，因为根据该法律，父母将被禁止为其子女寻求最好的照顾。” SPLC LGBTQ 权利和特殊诉讼部门临时副法律总监 Scott McCoy 表示.

了解更多案件信息.

博伊诉马歇尔案

跳转至文档

This case is also known as Eknes-Tucker v. Ivey.

概括

Facing criminal penalties and a devastating loss of essential medical care for their children, Alabama parents, medical providers, and Rev. Eknes-Tucker of Pilgrim UCC Church in Birmingham are asking a federal court to block a law criminalizing well-established medical care for transgender youth from taking effect.

The law, SB 184, punishes parents and their children’s doctors for providing – or even suggesting – well-established essential medical care for their transgender children. The punishment can include up to 10 years in prison.

The plaintiffs are represented by GLAD, the National Center for LGBTQ Rights, the Southern Poverty Law Center, the Human Rights Campaign, Lightfoot, Franklin & White LLC, and King & Spalding LLP.

U.S. District Court for the Middle District of Alabama

The filing in U.S. District Court for the Middle District of Alabama – Northern Division is on behalf of four Alabama parents, a private practice pediatrician, a clinical psychologist with the UAB medical system, and Reverend Paul Eknes-Tucker, Senior Pastor at Pilgrim United Church of Christ in Birmingham. The court filing explains that the law strips them of the right to make important decisions about their children’s healthcare.

A hearing on plaintiffs motion for a temporary restraining order and preliminary injunction took place on May 5, 2022 in Montgomery. Days later, a federal judge halted the law from being enforced while the lawsuit continued.

On July 1, 2024, plaintiff families challenging Alabama’s ban on health care for transgender adolescents asked the court to deny the State’s request to rule on the lawfulness of the ban before a full trial.

The Plaintiffs’ filing meticulously refutes false claims made in the State’s motion for summary judgment about the established standards of medical care for transgender adolescents. The Plaintiffs’ brief cites expert evidence about the rigorous development of those standards, the careful assessment and multidisciplinary approach involved in the delivery of care to transgender adolescents in Alabama, and the well-established benefits of care for transgender adolescents suffering from gender dysphoria.

The families challenging the ban argue that rather than short-circuit the process as the State requests, the case must be allowed to proceed to trial to ensure full consideration of the factual record on the safety and efficacy of transgender health care, the harm suffered by transgender adolescents when they are denied necessary care, and the purposeful discrimination against transgender people that motivated the sweeping ban.

第十一巡回上诉法院

In August 2022, the State of Alabama appealed the district court’s May 13 order blocking the law from being enforced to the U.S. Court of Appeals for the 11th Circuit. The plaintiffs filed a response brief urging the Court of Appeals to keep the injunction against SB 184 in place, citing the district court’s reliance on well-established, evidence-based medical standards and parents’ fundamental right to obtain medical care for their children.

Later that month, families, medical experts, faith groups, and 21 states filed amicus (friend-of-the-court) briefs urging the court not to reinstate the law criminalizing healthcare for transgender youth. You can find those filings below.

On August 21, 2023, a three-judge panel of the 11th Circuit Court of Appeals issued a decision ending the freeze on the ban. Alabama parents have since requested a hearing by the full 11th Circuit to reinstate the pause so their children can continue accessing essential medical care.

In January 2024 the 11th Circuit Court of Appeals issued an order allowing Alabama’s ban on medical care for transgender adolescents to take effect. This order grants a request by the state of Alabama to stay the trial court’s 2022 decision blocking the law from being enforced while the challenge against it proceeds.

Latest filings:

New Report:

A new report by legal and medical experts from Yale Law School, the Yale School of Medicine’s Child Study Center and Departments of Psychiatry and Pediatrics, and the University of Texas Southwestern gives an in-depth analysis of misleading scientific claims that informed Alabama’s move to criminalize medical treatment for transgender youth.

消息

Alabama Parents, Joined by Minister and Medical Providers, Seek Emergency Court Order Blocking Law that Will Criminalize their Transgender Children’s Ongoing Medical Care

Facing criminal penalties and a devastating loss of essential medical care for their children, four Alabama parents from across the state, joined by two medical providers and Rev. Eknes-Tucker of Pilgrim UCC Church in Birmingham will ask a federal court to block SB 184 from taking effect

Four Alabama parents are asking a federal court to stop SB 184 from taking effect on May 8, saying the law strips them of the right to make important decisions about their children’s healthcare. SB 184 punishes parents and their children’s doctors for providing – or even suggesting – well-established essential medical care for their transgender children. The punishment can include up to 10 years in prison.

The new legal challenge, Rev. Eknes-Tucker v. Ivey was filed in the U.S. District Court for the Middle District of Alabama – Northern Division. Because the plaintiffs face criminal penalties and a dangerous loss of necessary medical care for their children under SB 184 they will ask the court to block the law from going into effect while their case against it proceeds.

Joining four Alabama parents in their challenge to SB 184 are a private practice pediatrician in rural Southeast Alabama, a clinical psychologist with the UAB medical system, and Reverend Paul Eknes-Tucker, Senior Pastor at Pilgrim United Church of Christ in Birmingham.

The families asking the court to block the law come from across the state and are proceeding anonymously due to the risk of criminal prosecution under SB 184. They are Brianna Boe and her 12-year-old transgender son, Michael Boe of Montgomery; James Zoe and his 13-year-old transgender son Zachary Zoe of Birmingham; Megan Poe and her 15-year-old transgender daughter Allison Poe of Northern Alabama; and Kathy Noe and her 17-year-old-transgender son Christopher Noe of Eastern Alabama.

The two medical providers are also proceeding anonymously due to the risk of criminal prosecution.

“As a minister I counsel parents with transgender children about how best to love and support their children. Under SB 184, those conversations now come with a risk of criminal prosecution,” said Reverend Paul Eknes-Tucker, who has served as Senior Pastor at historic Pilgrim Church UCC since 2015. “This dangerous law is an unthinkable infringement on parental rights and the freedom of pastors and other faith leaders to counsel their own parishioners. This law is destructive not only to families in Alabama, but to the freedoms and values Alabamians hold dear.”

“I know people who don’t have a transgender child may not understand my experience. I have done everything I can to learn about what my daughter is going through, and being able to seek guidance from our pediatrician and medical specialists was a turning point for our family,” 说 Megan Poe, mother of 15-year-old Allison of Northern Alabama. “With that support and care Allison has become a confident and social teenager who is thriving in school. Without it, I’m terrified she will again become withdrawn, depressed, or even worse. I only want what’s best for my daughter, like any parent. For the state to take away my ability to provide that essential care and support is unthinkable.”

“Our family is challenging this cruel law because it infringes on our ability as parents to ensure our child receives appropriate medical care, and targets transgender youth simply for being transgender,” 说 James Zoe, father of 13-year-old Zachary of Birmingham. “We have the choice to leave our home state of Alabama, or stay and fight. We have chosen to fight for our child and for all transgender children in Alabama. In the end, we believe this unfair law will be overturned and we will be able to continue providing our child with the medical care he needs.”

“Parents come to me seeking trusted medical advice but under SB 184 both I and the parents consulting me are subject to a prison sentence for even discussing the best recommendations for supporting their children’s health,” 说 Dr. Rachel Koe, pediatrician in private practice in rural Southeast Alabama. “SB 184 criminalizes effective, established medical treatment that is recognized as the standard of care in the medical field, including by the American Academy of Pediatrics and the American Medical Association.”

原告 Rev. Eknes-Tucker v. Ivey are represented by Lightfoot, Franklin & White LLC、King & Spalding LLP、GLBTQ 法律倡导与捍卫者 (GLAD)、全国女同性恋权利中心 (NCLR)、南方贫困法律中心 (SPLC)、 和 Human Rights Campaign (HRC).

“The parents challenging this law, like all parents, want what’s best for their kids, but SB 184 punishes them for that. This is a dangerous law that undermines the ability of Alabama parents to make the best healthcare decisions for their families,” GLAD 跨性别者权利项目主任 Jennifer Levi 说道。 

“Allowing SB 184 to go into effect will cause enormous stress and harm to families across Alabama. A state should not criminalize parents and doctors for following medical guidelines and providing needed medical treatments,” 说 NCLR Senior Staff Attorney and Transgender Youth Project Director Asaf Orr.

“SB 184 disregards the well-being of transgender youth in Alabama and disrespects the rights of parents who under this law are prohibited from seeking the best possible care for their children,” SPLC LGBTQ 权利和特殊诉讼部门临时副法律总监 Scott McCoy 表示.

“These care providers and families want nothing more than to do what’s best for their children, yet SB 184 threatens them with criminal penalties for providing critically important care that is often life-saving for transgender youth,” said Sarah Warbelow, HRC Legal Director.

Follow the case page for the latest updates.

The Southern Poverty Law Center (SPLC) is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people.

全国女同性恋权利中心 (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable.

通过战略诉讼、公共政策倡导和教育， GLBTQ 法律倡导者和捍卫者 致力于在新英格兰和全国范围内创建一个没有基于性别认同和表达、艾滋病毒状况和性取向的歧视的公正社会。

The Human Rights Campaign (HRC) is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.

Ladinsky v. Ivey

更新: This case was dismissed in 2022. Check out the 博伊诉马歇尔案 case page to learn more about our pending litigation against SB184.

Gender-affirming care is necessary, lifesaving care. We’re suing to stop Alabama’s criminalization of healthcare for transgender youth.

On April 8, 2022, Governor Kay Ivey signed SB 184 into law. The bill punishes parents for making important decisions about their children’s healthcare and doctors for providing – or even suggesting – well-established medically necessary care. The punishment can include up to 10 years in prison.

The same day, GLAD, along with the National Center for Transgender Rights, the Southern Poverty Law Center, and the Human Rights Campaign filed a federal lawsuit on behalf of two Alabama families and two medical providers.

SB 184 is an appalling attack on transgender youth, their families, and medical providers. It will not hold up in court.

了解更多案件信息.

Read the filing.

Corbitt v. Taylor

更新： On September 20, 2024, the 11th Circuit rule that Alabama’s refusal to issue accurate drivers licenses did not violate the constitution. 了解更多.

GLAD co-authored an amicus (friend of the court) brief in the 11th Circuit case Corbitt v. Taylor about Alabama’s needless and unjust requirement for transgender people to undergo surgery to update their driver’s license. As the brief explains,

“The Amici Curiae write to highlight the arbitrary and irrational nature of Alabama’s policy to require transgender people to undergo genital surgery to obtain an accurate driver’s license. Requiring surgery contradicts the medical consensus and standards of care and presents an insurmountable barrier for many transgender people to obtain state-issued identification that reflects who they are. This policy inflicts concrete harms on transgender people and undermines social stability by impeding their ability to engage in a wide range of important activities, from voting to obtaining housing and employment. A majority of states and the federal government, understanding the need to track contemporary medical standards and adopt policies that promote economic and social stability and positive health outcomes, have aligned their policies to enable transgender people to obtain identification that matches who they are. In contrast, Alabama’s policy denies transgender people equal protection and serves no legitimate government interests.”

Read the amicus brief.

Amici include the following state, regional, and national organizations:

  • 平等联盟
  • 佛罗里达平等组织
  • 缅因州平等组织
  • Equality Ohio Education Fund
  • Equality South Dakota
  • 德克萨斯州平等组织
  • 家庭平等
  • Fairness Campaign
  • FreeState Justice
  • Maryland’s LGBTQ Advocates
  • 花园州平等
  • 佐治亚平等
  • GLBTQ 法律倡导者和捍卫者 (GLAD)
  • Lambda Legal Defense and Education Fund
  • 大众平等
  • Mass. Trans Political Coalition
  • 国家LGBTQ权利中心
  • 一个科罗拉多
  • 促销
  • Southern Legal Counsel, Inc.
  • TransOhio, Inc.
  • Wyoming Equality

V.L. v. E.L.

March 7, 2016: Victory! The U.S. Supreme Court today reversed the Alabama Supreme Court’s decision in which it refused to recognize a lesbian mother’s Georgia adoption of her three children. GLAD congratulates the adoptive mother, V.L. and her children, as well our friends at NCLR on this important victory for all families. Many thanks to Foley Hoag LLP who joined GLAD in submitting an amicus brief to the Court on behalf of Equality Alabama Foundation, Equality Federation, Georgia Equality, the Human Rights Campaign, Immigration Equality, the National Black Justice Coalition, the National Center for Transgender Equality, the National LGBTQ Task Force, PFLAG, the Stonewall Bar of Georgia, and the Southern Poverty Law Center.

Background:

GLAD and Foley Hoag LLP have filed an amicus brief with the U.S. Supreme Court urging the Court to grant review in the Alabama second-parent adoption case, V.L. v. E.L., No. 15-648.

V.L. and E.L. are former lesbian partners who agreed to have and raise three children together but are now separated. Before their separation, the two had obtained an adoption judgment in Georgia making V.L. a legal parent. After their separation, the birth mother, E.L., took the position that the Alabama courts could disregard Georgia’s judgment of adoption. The Alabama Supreme Court agreed, holding that E.L. was the children’s only legal parent.

The brief urges the Supreme Court to hear the case, arguing that Alabama cannot disregard the Georgia adoption judgment simply because Alabama believes the Georgia court’s adoption order should not have issued in the first place. If states disregard each other’s adoptions, it will severely undermine the security, stability, and predictability of parent-child relations secured by adoption and parentage judgments across the nation.

The amicus brief was filed on behalf of GLAD, Equality Alabama Foundation, Equality Federation, Georgia Equality, the Human Rights Campaign, Immigration Equality, the National Black Justice Coalition, the National Center for Transgender Equality, the National LGBTQ Task Force, PFLAG, the Stonewall Bar of Georgia, and the Southern Poverty Law Center.

The Foley Hoag team on the brief included Marco J. Quina, Claire Laporte, Catherine Deneke, Jenevieve Maerker, and Kevin J. Conroy, with assistance from paralegal Margaret McKane.

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