Alabama officials are using the overturning of Roe v. Wade to argue that the state should also be able to ban gender-affirming medical care




Alabama transgender rights
Alabama transgender rights  
  • The Supreme Court overturned Roe v. Wade late last month.

  • The Court argued that abortion was not "deeply rooted in our history or traditions."

  • Alabama is using that same argument to try and ban gender-affirming care for kids.

Alabama lawmakers are using the Supreme Court's decision to overturn Roe v. Wade to push for a ban on gender-affirming medical treatment for transgender kids, the Associated Press reported.

Axios reported that Alabama Attorney General Steve Marshall asked a federal court to drop the block on the state's ban on gender-affirming care policies.

In their ruling to overturn the 1973 landmark decision that legalized abortion, the Courts conservative majority argued that abortion was not a fundamental right in the constitution and is not "deeply rooted in this nation's history and tradition."

Marshall is using that same legal reasoning to argue against gender-reaffirming care, Axios reported. The AP reported that Marshall's office filed a brief on Monday that argued that gender-affirming care was also not "deeply rooted in our history or traditions," and therefore could be banned.

"Just as the parental relationship does not unlock a Due Process right allowing parents to obtain medical marijuana or abortions for their children, neither does it unlock a right to transitioning treatments," the brief said.  "The Constitution reserves to the state - not courts of medical interest groups - the authority to determine that these sterilizing interventions are too dangerous for minors."

In April, Alabama passed SB 184, an anti-trans bill that criminalized doctors who provide gender-affirming care for kids. 

In May, a judge issued an injunction so the law could be challenged, Axios reported.

The law would have made providing gender-affirming medical care a felony punishable by up to 10 years in prison and a $15,000 fine.

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