The Alabama Attorney General’s Office is using the U.S. Supreme Court’s recent decision to strike down Roe v. Wade to defend a ban on medical treatments considered life-saving by transgender individuals and physicians.
In a 76-page brief filed with the 11th U.S. Circuit Court of Appeals on Monday, the state invoked or referenced the U.S. Supreme Court’s decision in Dobbs v. Jackson’s Women’s Health Organization at least nine times, invoking Justice Samuel Alito’s majority opinion that said the Fourteenth Amendment to the U.S. Constitution does not protect any right “not deeply rooted in the nation’s history and traditions.”
“The Legislature determined that transitioning treatments in particular are too risky to authorize, so it is those treatments Plaintiffs must show the Constitution protects,” the brief says. “But no one — adult or child — has a right to transitioning treatments that is deeply rooted in our nation’s history and tradition. The State can thus regulate or prohibit those interventions for children, even if an adult wants the drugs for his child.”
And:
“Because no adult or child has a fundamental right to transitioning treatments, it necessarily follows that no parent has a right to those treatments for his child.”
The fate of women and trans people are fundamentally intertwined. The state uses laws designed to harm trans people against cis women, and policies designed to hurt cis women against trans people. Our fight is the same fight.