The Supreme Court overturned Roe v. Wade late last month. The Court held that abortion was not “deeply rooted in our history or traditions.” Alabama is using the same argument to try to ban gender-affirming care for children.
Alabama lawmakers are using the Supreme Court’s decision to overturn Roe v. Wade to push for a ban on gender-affirming medical care for transgender children, the Associated Press reported. Axios reported that Alabama Attorney General Steve Marshall has asked a federal court to lift the block on the state’s ban on gender-affirming health care policies. In its decision to overturn the landmark 1973 decision that legalized abortion, the Court’s conservative majority argued that abortion was not a fundamental right in the constitution and is not “deeply rooted in the history and tradition of this nation.” Marshall uses the same legal rationale to argue against gender-affirming care, Axios reported. The AP reported that Marshall’s office filed a briefing Monday that argued that gender-affirming care was also not “deeply rooted in our history or traditions” and therefore could be banned. “Just as parental relationship does not unlock a Due Process right that allows parents to obtain medical marijuana or abortions for their children, it does not unlock a right to transitional therapies,” the brief said. “The Constitution reserves to the state — not to the medical interest group courts — the power to determine that these sterilization procedures are too dangerous for minors.” In April, Alabama passed SB 184, an anti-transgender bill that criminalized doctors who provide gender-affirming care to children. In May, a judge issued an injunction to challenge the law, Axios reported. The law would make providing gender-affirming medical care a felony punishable by up to 10 years in prison and a $15,000 fine. Read the original article on Business Insider
