Arkansas Transgender Law Overruled by Judge

UPDATE


Jun 20, 2023 4:19 PM CDT

In a landmark decision, a federal judge has declared Arkansas’ ban on gender-affirming care for children to be unconstitutional. This ruling marks the first time such a prohibition has been overturned, as several Republican-led states have been adopting similar restrictions. US District Judge Jay Moody issued a permanent injunction against the Arkansas law, which aimed to prohibit doctors from providing gender-affirming hormone treatment, puberty blockers, or surgery to individuals under 18 years old. Moody, who had previously temporarily blocked the law in 2021, ruled that the prohibition violated the due process and equal protection rights of transgender youth and families. He also stated that the law infringed upon the First Amendment rights of medical providers by preventing them from referring patients elsewhere.

Apr 6, 2021 3:23 PM CDT

Despite objections from Republican Governor Asa Hutchinson, Arkansas lawmakers have successfully passed a bill making the state the first to ban gender-affirming treatments and surgery for transgender youth. The Republican-controlled House and Senate voted to override the governor’s veto of the measure, which prohibits doctors from providing gender-affirming hormone treatment, puberty blockers, or surgery to anyone under 18 years old. The bill also prevents doctors from referring transgender youth to other providers for such treatments. Pediatricians, social workers, and parents of transgender youth had urged Hutchinson to veto the bill, citing the potential harm to a community already at risk for depression and suicide.

The ban faced opposition from various medical and child welfare groups, including the American Academy of Pediatrics. The sponsor of the measure referred to the procedures as experimental and compared the restriction to other limits imposed by the state on minors. Republican Representative Robin Lundstrum stated that individuals should reach the age of 18 before making decisions related to gender-affirming care. Governor Hutchinson expressed concerns about the bill’s interference with parental and physician rights and noted that it will cut off care for transgender youth who are already receiving treatment. He stated that he would have signed the bill if it had solely focused on gender-affirming surgery, which is currently not performed on minors in the state. Opponents of the ban have vowed to file a lawsuit to prevent it from taking effect this summer.

(Read more Arkansas stories.)