MONTGOMERY — Days after the U.S. Supreme Court ruled that states can prohibit abortion, Alabama has seized on the decision to argue that the state should also be able to ban gender-affirming medical treatments for transgender youth.
The case marks one of the first known instances in which a conservative state has tried to apply the abortion decision to other realms, just as LGBTQ advocates and others feared would happen.
In its historic ruling last Friday, the U.S. Supreme Court said terminating a pregnancy is not a fundamental constitutional right because abortion is not mentioned in the Constitution and is not “deeply rooted in this nation’s history and tradition." Supreme Court Justice Samuel Alito wrote in the majority opinion that the ruling should not cast “doubt on precedents that do not concern abortion.” But Justice Clarence Thomas wrote that the same legal reasoning should be used to reconsider high court rulings protecting same-sex marriage, gay sex and contraceptives.
The Alabama case may become an early test of where judges stand on the scope of the abortion ruling. The 11th Circuit granted Alabama's request for an expedited schedule for submitting briefs in its appeal, and a decision could come as soon as this fall.
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