Gender-Affirming Care, Abortion, and the Politics of Science: A Response to Wuest's 'Born this Way'

Document Type

Blog Post

Publication Date

9-21-2023

Publisher

Petrie-Flom Center at Harvard Law School

Language

en-US

Abstract

On August 21, 2023, the 11th Circuit issued a decision that allowed a ban on transgender care to go into effect in Alabama. The Alabama ban, formally called the Alabama Vulnerable Child Compassion and Protection Act, is one of the most extreme of the many bans on gender affirming care. The law defines sex as the “biological state of being female or male, based on sex organs, chromosomes and endogenous hormone profiles…genetically encoded into a person at the moment of conception…” and targets physicians who might undermine this notion of sex with criminal prosecution. Their punishment could be up to ten years in prison.

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