Alabama lawmakers on Thursday approved sweeping legislation banning gender-affirming drugs for transgender children and advanced a separate measure banning early classroom teaching about sexual and gender identity — a bill which critics have dubbed “Don’t Say Gay”, a reference to a similar law recently passed in Florida.
The Alabama House of Representatives voted 66 to 28 for legislation to make it a felony, punishable by up to 10 years in prison, for a doctor to prescribe puberty blockers or hormones or perform surgery to help with gender transition for people under 19. the bill now returns to Republican Governor Kay Ivey for her signature as Alabama becomes the latest red state to promote legislation and policies aimed at trans youth.
Ivey did not indicate whether she would sign him.
The topic of transgender and LGBTQ identity has become one of the Republican Party’s “corner” issues aimed at getting votes because they are popular with the party base.
Representative Neil Rafferty, the only openly gay member of the Alabama Legislature, appeared to be struggling to contain his anger and maintain his composure as lawmakers headed for the vote.
“That’s wrong,” Rafferty said. “You all sit there and campaign for the family to be the foundation of our nation… but what this bill does totally undermines that. It totally undermines family rights, health rights and access to health care.”
Republican Representative Wes Allen, who is the sponsor of the House version of the bill, argued during debate Thursday morning that transgender youth are not old enough to make decisions about gender-affirming drugs.
“Their brains aren’t developed to make long-term decisions about what these drugs and surgeries are doing to their bodies,” Allen said.
Rep. Chris England, who is chairman of the Alabama Democratic Party, said the measure targets already vulnerable children and essentially tells them they are not welcome in Alabama.
“You say it’s about children. It’s not. It’s about scoring political points and using these children as collateral damage,” England said.
The bill would also require school counselors, nurses and others to notify parents if a child reveals they think they are transgender.
A spokesperson for Ivey did not immediately respond to a text message asking if the governor will sign the measure.
“I want the governor to know that she doesn’t have to sign this, she can veto it,” said Jeff Walker, whose 15-year-old daughter, Harleigh, is transgender. “All you’re doing is hurting Alabama families with these bills.”
Arkansas approved a similar law in 2021, but it was suspended by the courts. Advocacy groups in Alabama have pledged to quickly challenge the measure if Ivey signs it.
In a written statement, Chase Strangio, deputy director of Trans Justice with the ACLU’s LGBTQ & HIV Project, called Alabama’s measure “the most deadly, sweeping, and hostile law targeting transgender people in the country.” .
White House spokeswoman Jen Psaki told reporters Thursday that the Justice Department has warned states that such laws and policies could violate the US Constitution and federal law.
“Today’s vote in Alabama will only serve to harm children,” she said.
Separate bill on bathrooms, education
The Alabama Senate on Thursday introduced separate legislation regarding public school restrooms and discussions of gender and sexual identity in the early years.
Senators voted 26-5 to approve legislation requiring K-12 students to only use multi-person bathrooms and locker rooms that match the gender on their original birth certificate, rather than to their current gender identity.
Republicans in the Senate have also added similar language to a Florida law that critics have called the “Don’t Say Gay” measure.
The Alabama language would “prohibit classroom teaching or discussion about sexual orientation or gender identity” for students in kindergarten through fifth grade.
Alabama’s proposal goes further than Florida’s law, which includes K-3.