The case marks one of the first known instances in which a conservative state has attempted to apply the abortion ruling to other realms, only as LGBTQ advocates and others were afraid would take place.
Critics have shown fear that the legal reasoning behind the high court ruling could lead to a rollback of conclusions involving such issues as gay marriage, birth control and parental rights.
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The state is asking a federal appeals court to lift an injunction and let it enforce an Alabama law that would make it a felony to give puberty blockers or hormones to transgender minors to assist them in affirming their gender identity.
In its historic ruling last Friday, the U.S. Supreme Court announced terminating a pregnancy is not a fundamental constitutional right because abortion is not noted in the Constitution and is not “deeply rooted in this nation’s history and tradition."
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In a brief filed Monday, the Alabama attorney general's office claimed similarly that gender transition treatments are not “deeply rooted in our history or traditions," and therefore, the state has the authority to ban them. Alabama contends such treatments are dangerous and experimental, a view disputed by medical organizations.
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Shannon Minter, legal director of the National Center for Lesbian Rights, announced this is the first case he is aware of in which a state cited the abortion ruling on another issue, yet continued, “It won’t be the last.”
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Supreme Court Justice Samuel Alito announced in the majority opinion that the abortion ruling should not cast “doubt on precedents that do not concern abortion.” Though Justice Clarence Thomas wrote that the same legal reasoning should be utilized to reconsider high court rulings protecting same-sex marriage, gay sex and contraceptives.
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“It is no surprise that Alabama and other extremely conservative states are going to take up that invitation as forcefully as they can," Minter stated. “Justice Thomas’ concurrence was a declaration of war on groups already under attack, and we expect the hostility to be escalated.”
In the aftermath of the Supreme Court's so-called Dobbs decision, Republican Texas Attorney General Ken Paxton, in an interview with NewsNation, did not rule out defending a state law against gay sex if the GOP-controlled Legislature were to approve a new one. The previous one was struck down by the high court in 2003.
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