Montgomery, Alabama (AP) – A few days after the decision of the US Supreme Court states may ban abortionAlabama has seized on the decision to argue that the state should also be able to ban gender-affirming medical procedures for transgender youth.
The case was one of the first known cases where a conservative state tried to enforce abortion ordinances in other areas, just as LGBTQ advocates and others feared it would happen.
Critics have expressed concern that legal reasoning is behind it decision of the Supreme Court may lead to a rollback of decisions concerning issues such as same-sex marriage and birth control.
The state is asking the federal appeals court to lift the ban and allow Alabama’s law to be enforced, which introducing puberty blockers or hormones to underage transgender people to help confirm their gender identity would be a felony.
In its historic ruling last Friday, the U.S. Supreme Court said abortion is not a fundamental constitutional right because abortion is not mentioned in the Constitution and is not “deeply rooted in the history and traditions of this country.”
In a statement filed Monday, the Alabama Attorney General’s Office similarly argued that gender change treatments are not “deeply ingrained in our history or traditions,” and thus the state has the power to ban them. Alabama argues that such treatments are dangerous and experimental. a view challenged by medical organizations.
Shannon Minter, legal director of the National Center for Lesbian Rights, said it was the first case he knew of when the state referred to an abortion decision on another issue, but added, “It’s not the last.”
Supreme Court Judge Samuel Alita wrote to the majority that the abortion decision should not call into question non-abortion precedents. But Judge Clarence Thomas wrote that the same legal arguments should be used to review Supreme Court decisions protecting same-sex marriage, same-sex sex and contraception.
“It is not surprising that Alabama and other extremely conservative states are going to accept this invitation with all their might,” Minter said.
He said rethinking such constitutional protections could affect things like birth control and parental rights.
“They’re not just talking about LGBT people,” Minter said.
Alabama Attorney General Steve Marshall was unavailable for comment Thursday, a spokesman said.
Jeff Walker, who has a 15-year-old transgender daughter, said this spring that it felt like Alabama was attacking families like him with legislation targeting drugs for transgender people and dictating the choice of school bathrooms, locker rooms and sports teams. He said that the arguments of the state in this case worry everyone.
“I think the wording of this appeal should concern everyone. According to this logic, any health care that the state considers to be inconsistent with its morals or beliefs should be banned, ”Walker said.
The Alabama case could be an early test for judges in the scope of an abortion decision. The Court of Appeal granted the state’s request for an accelerated reporting schedule, and a decision could be made this fall.
While Alabama had already appealed the ban on the transgender drug case, the state quickly incorporated the abortion decision into its filing.
Alabama Gov. Kay Ivey this spring signed a law that carries a penalty of up to 10 years in prison for issuing certain medications to minors to help change sex.
In May, a federal judge issued a preliminary injunction to block the measure, speaking on the side of parents who said the law violated their children’s rights and their own rights to manage their children’s health care.