Eknes-Tuckerv.Governor of Alabama
CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.22-11707
DecidedAugust 21, 2023
Reporter80 F.4th 1205 (11th Cir. 2023)
JudgesEleventh Circuit panel; see published opinion.
Tags
CivilEqual ProtectionGender-Affirming CareTransgender RightsDue ProcessPreliminary InjunctionConstitutional ReviewState Regulation
Case Summary
Families of transgender minors challenged Alabama’s Vulnerable Child Compassion and Protection Act, which prohibited puberty blockers and cross-sex hormones when prescribed to affirm a gender identity inconsistent with the child’s sex. The Eleventh Circuit held that the district court had applied the wrong constitutional test: the record did not establish a fundamental right to these treatments or a sex-based classification, so rational-basis review applied at the preliminary-injunction stage. It vacated the injunction and remanded.
Opinion
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