Attacks on reproductive health and attacks on trans folks of all ages come from the same place for Republicans: demean, control, and isolate. The right to bodily autonomy and safe, accessible health care is under attack thanks to conservatives. As progressives, we must keep the big picture in mind and fight for dignity and protection for all.
A recent example of the quick domino effect between anti-abortion efforts and blocks on trans health care comes to us from Alabama. Republican Attorney General Steve Marshall is imploring the federal court to reverse its block on Alabama’s ban on gender-affirming care for trans youth in Alabama, as reported by Axios. Using the U.S. Supreme Court’s decision to overturn Roe v. Wade, Marshall is trying to argue that gender-affirming health care is not “deeply rooted” in the nation’s history, and thus is not a protected right.
In short: This is a nightmare.
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As some background, Senate Bill 184 makes it a felony for anyone to provide or “engage” in gender-affirming care for trans youth. The penalties for providing this safe, age-appropriate, and life-saving care are incredibly steep. Per the law, anyone in violation could face up to 10 years in prison and a fine of up to $15,000. This would apply to anyone involved in the process, including physicians, parents, and guardians.
As Daily Kos has covered, Alabama was not the first state to ban affirming care for trans youth (it followed Arkansas and Tennessee) but it was the first state to include felony penalties.
The law was enacted by Republican Gov. Kay Ivey in April, but (thankfully) blocked in May. Why? The parents of four openly trans youth, a clinical child psychologist, a pediatrician, and a pastor who provides care to families with trans youth filed a lawsuit in mid-April, and, as reported by Bloomberg, the Department of Justice argued that the law violates the equal protection clause. The department asked for a temporary and permanent injunction against enforcing the law.
So looping back to Marshall, he wants to use Roe’s fall as a basis for banning access to gender-affirming health care in the state. In a court document, Marshall argues that no “adult or child” has the “right” to gender-affirming care “deeply rooted” in our nation’s “history and tradition.” Therefore, according to Marshall, the state can “regulate or prohibit” that care in youth, even if parents consent to the medical care.
"Just as the parental relationship does not unlock a Due Process right allowing parents to obtain medical marijuana or abortions for their children,” Marshall continues, “neither does it unlock a right to transitioning treatments."
Unsurprisingly, he also repeatedly referred to youth as “minors” and “children” instead of “youth” in order to paint the Republican picture of kids accessing this care. He also described gender-affirming care as “sterilizing.”
Republicans don’t even attempt to hide their strategy at this point. LGBTQ+ people have always been an easy target and trans folks are especially vulnerable thanks to structural and systemic oppression and lack of protection. But trans issues are not a separate entity from the right to choose. It’s all about bodily autonomy, dignity, and privacy: three things conservatives don’t want anyone but themselves to have safe access to.
Sign the petition: Transgender children deserve all our love, support, and gender-affirming care