Attorney General Steve Marshall has joined 23 other Republican attorneys general in urging a federal court to uphold an executive order that prohibits federal funding from going toward gender-affirming care.
The coalition, led by Marshall, filed a legal brief in Walker v. Becerra, a case challenging the Department of Health and Human Services’ 2020 regulation that reversed Obama-era mandates requiring medical providers to perform or insure gender-transition procedures, even if they object on medical or religious grounds.
In a statement, Marshall described the legal battle as part of a broader effort to “protect children from irreversible harm” and to “uphold the rights of doctors and taxpayers not to be compelled to participate in or subsidize radical gender ideology.”
The brief comes months after he celebrated Alabama’s gender-affirming care case, Boe v. Marshall, being dismissed. In that lawsuit, plaintiffs challenged Alabama’s 2022 law that criminalized the prescription or administration of puberty blockers or hormone therapy to minors.
The law was blocked by a federal judge shortly after it passed, but earlier this year, the 11th Circuit Court of Appeals ruled in favor of Alabama. Then, in May, the remaining plaintiffs dropped their challenge altogether.
Marshall has consistently argued that gender-transition treatments for minors are experimental and harmful. His office has frequently framed the issue as one of child protection, often drawing parallels between state responsibility and medical ethics.
Critics, including major medical associations, argue that denying gender-affirming care contributes to increased rates of depression and suicide among transgender youth.
Leaning into legal and cultural fights over the issue, Marshall has positioned himself as a leader among Republican attorneys general seeking to roll back what they view as a push toward radical social policy.
Marshall and the other state attorneys general argue that the Biden administration was trying to unlawfully revive the Obama-era interpretation of sex discrimination under the Affordable Care Act, one that includes gender identity.
“Even as global medical authorities urge caution, and public opinion on this issue is turning against it, the ACLU and its radical allies continue to rely on discredited standards to argue that these procedures are medically necessary,” said Marshall in his announcement of the amicus brief.
With ongoing legal challenges across the country and renewed efforts to push back on transgender rights, Marshall’s role in these battles has grown prominent.
