MONTGOMERY— Alabama’s far-reaching new law that criminalizes transgender gender-affirming care is being challenged in court by two parents of transgender children.

Though the suit was voluntarily dismissed April 15, four days after filing, representatives for the family said the lawsuit will soon be refiled.

The new law — signed by Gov. Kay Ivey on April 8 — makes it a felony for physicians to prescribe hormone-altering medications or puberty blockers, and perform gender altering surgeries on minors (younger than 19 years old).

Physicians found guilty of doing so would be found guilty of a Class C felony, punishable of up to 10 years in prison.

If allowed to go into effect May 8, the health care ban will have dire physical, emotional and psychological consequences for transgender youth, who will suffer distress caused by gender dysphoria, the lawsuit states.

“Since she began receiving treatment from a doctor, she has become more confident,” stated Jeffrey White, parent of a 13-year-old referenced in the lawsuit who is currently receiving transgender health care. “… I took the time to learn what it means to have a transgender daughter and I couldn’t be more proud of her. I hope other parents and lawmakers will set aside their fears and listen to doctors and trans youth. With love and support — including medically necessary care — I know she can thrive and that’s all any parent wants for their kid.”

The families would be forced to move out of state to continue health care for their transgender child, says a statement from ACLU Alabama, which is representing the families in the lawsuit.

The new law (SB 184) asserts, in general, that because the gender-affirming medications and procedures make one infertile, that decision should not be made during minor age.

It further states those undergoing surgery could have medical complications resulting, and have been found to suffer from elevated mortality rates higher than the general population, higher rates of substance abuse, depression and psychiatric hospitalizations.

“Minors, and often their parents, are unable to comprehend and fully appreciate the risk and life complications, including permanent sterility,” the new law states. “… For these reasons, the decision to pursue a course of hormonal and surgical interventions to address a discordance between the individual’s sex and sense of identity should not be presented to or determined for minors who are incapable of comprehending the negative implications and life-course difficulties attending to these interventions.”

According to ACLU, which is representing the family alongside several groups and law firms, 15 states introduced legislation that would ban — and in some instances criminalize — access to health care for transgender youth in 2021.

The Arkansas legislature passed a similar bill last year — though a federal court blocked the law from going into effect — and 19 other states introduced similar legislation this year. A proposal to ban the transgender services in Georgia failed to advance this year. A Tennessee law signed last year specifically bans the use of transgender hormone treatments to children pre-puberty age.

American Academy of Pediatrics and other health groups have released statements against bills targeting a group that already has a statistically higher rates of depression and suicidal ideation. Around half of transgender youth consider suicide, and a third attempt it, according to AAP.

While surgical interventions aren’t reversible, puberty blockers are, according to medical professional, and puberty can proceed in children.

“Transgender youth have the right to affirming health care and we will continue to fight for these young people, their families, and the supportive medical providers who want to ensure that transgender youth can live fully as themselves, grow and thrive,” said Lynly Egyes, legal director at the Transgender Law Center, also representing the families in the lawsuit.

“Despite the cynical, sinister and invasive efforts by conservative politicians to interfere with private family and medical decisions for their own cheap political gains, we will fight this in court and we will win. Common sense, common decency and the Constitution are on our side.”

The lawsuit — filed in the U.S. District Court for the Middle District of Northern Alabama — asked the court to void the state’s Republican-led law, as it violates the Fourteenth Amendment.

ACLU of Alabama attorney Kaitlin Welborn said the lawsuit is planned to be refiled, but did not say what led to the voluntary dismissal.

Alabama Attorney General Steve Marshall released a statement following the suit’s dismissal of the suit, standing by the state’s new law stating it protects “children from experimental medical interventions that have no proven benefits and carry with them substantial risk of long-term, irreversible harm.”

“The law reflects a growing international consensus that children suffering from gender dysphoria should not be receiving puberty blockers, cross-sex hormones, and surgeries,” Marshall stated. “Children who take these drugs risk permanent infertility, loss of sexual function, increased risk of heart attack and stroke, bone-density problems, risk of altered brain development, and psycho-social harms from delayed puberty. Conversely, the majority of children who experience dysphoria will have it resolve naturally by adulthood, if not subjected to the interventions above.”