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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 Rep. Neil Rafferty speaks in support of transgender rights during a rally outside the Alabama State House in Montgomery, Ala., March 30, 2021. Three days after the U.S. Supreme Court ruled that states can prohibit abortion, Alabama seized on the decision to argue that the state should also be able to ban gender-affirming medical treatments for transgender youth.

Jake Crandall/The Montgomery Advertiser via AP, File

  • 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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