Arkansas Appeals Court Upholds Controversial Ban on Transgender Care

A federal appeals court has upheld Arkansas’ law banning gender transition medical treatment for minors, reversing a previous decision by a lower court. The ruling, made by the 8th U.S. Circuit Court of Appeals on October 3, 2023, allows the state to enforce the controversial law, making Arkansas the first state in the U.S. to implement such a ban.

The court’s decision followed the U.S. Supreme Court’s ruling in June 2023, which upheld a similar ban in Tennessee. According to the appeals court, the Arkansas law does not violate the equal protection rights of transgender minors under the U.S. Constitution. Tim Griffin, the Arkansas Attorney General, expressed his approval of the ruling, stating, “I applaud the court’s decision and am pleased that children in Arkansas will be protected from experimental procedures.”

Governor Sarah Huckabee Sanders also supported the ruling, claiming it represents a victory for “common sense” and the well-being of children. Arkansas legislators, led by a Republican majority, passed the law in 2021, overriding a veto from then-Governor Asa Hutchinson. The law prohibits treatments such as puberty blockers, hormones, and surgeries for minors seeking gender transition.

In response to the law, four families of transgender children and two doctors filed a challenge, arguing that the Save Adolescents From Experimentation (SAFE) Act infringes on parents’ due process rights under the Fourteenth Amendment. In a majority opinion, U.S. Circuit Judge Duane Benton stated that parents do not possess a constitutional right to obtain medical treatments that a state has banned.

The appeals court’s decision overturned a ruling from U.S. District Judge Jay Moody, who had previously found that the law discriminated against transgender individuals and could cause “immediate and irreparable harm” to minors. Judge Moody’s ruling had temporarily blocked the law’s implementation.

In a dissenting opinion, U.S. Circuit Judge Jane Kelly criticized the majority ruling, noting a “startling lack of evidence” linking Arkansas’ ban on gender-affirming care to its stated goal of protecting children.

The American Civil Liberties Union (ACLU) and the ACLU of Arkansas represented the plaintiffs in the case. Following the ruling, Holly Dickson, executive director of the ACLU of Arkansas, expressed disappointment, stating, “This is a tragically unjust result for transgender Arkansans, their doctors, and their families.” She emphasized the law’s detrimental impact on families and reiterated the organization’s commitment to advocating for the rights and dignity of transgender individuals.

The ruling comes shortly after the 10th U.S. Circuit Court of Appeals upheld a similar law in Oklahoma, further solidifying this trend among courts considering such legislation. As legal battles continue, the implications of these rulings for transgender youth and their families remain significant.