Federal Judge Overturns Arkansas’ Ban on Gender-Affirming Care for Transgender Minors

59

On Tuesday, a federal judge declared Arkansas’ pioneering ban on gender-affirming care for children unconstitutional, marking the first ruling to strike down such a restriction as a wave of Republican-led states adopt similar measures.

U.S. District Judge Jay Moody issued a permanent injunction against the Arkansas law, which aimed to prevent doctors from providing gender-affirming hormone treatment, puberty blockers, or surgery to individuals under the age of 18.

Previously blocked by Moody in 2021, the Arkansas law would have also prohibited doctors from referring patients to other healthcare providers offering such care.

In his ruling, Moody stated that the ban violated the due process and equal protection rights of transgender youth and their families. He further contended that the law infringed upon the First Amendment rights of medical professionals by preventing them from making referrals.

Moody’s order emphasized that the prohibited medical care actually improves the mental health and well-being of patients, and by forbidding it, the state undermines the very interests it claims to protect.

The ban was enacted by Republican lawmakers in Arkansas in 2021, overriding the veto of former GOP Governor Asa Hutchinson. Hutchinson, who left office in January, believed the law went too far by denying treatment to children who were already receiving gender-affirming care.

While the ruling exclusively applies to the Arkansas ban, it may have implications for similar prohibitions in other states or dissuade attempts to implement them.

Holly Dickson, executive director of the American Civil Liberties Union (ACLU) of Arkansas, stated, “This decision sends a clear message. Fear-mongering and misinformation about this healthcare do not hold up to scrutiny; it hurts trans youth and must end. Science, medicine, and law are clear: gender-affirming care is necessary to ensure these young Arkansans can thrive and be healthy.”

The ACLU challenged the law on behalf of four transgender youths, their families, and two doctors.

Following Arkansas’ lead, at least 19 other states have enacted laws restricting or banning gender-affirming care for minors. Temporary injunctions have been imposed on similar bans in Alabama and Indiana by federal judges, while three states have implemented restrictions through regulations or administrative orders.

Florida’s law not only prohibits treatments for youth but also restricts the use of state funds for gender-affirming care and imposes new regulations on adults seeking treatment. A federal judge has halted Florida from enforcing its ban on three children who challenged the law.

Children’s hospitals across the nation have faced harassment and threats of violence for providing gender-affirming care.

The state argued that the prohibition falls within its jurisdiction to regulate the medical profession. Critics of such treatments for children contend that they are too young to make decisions about their futures. Major medical associations, including the American Medical Association and the American Academy of Pediatrics, oppose these bans, with experts asserting that the treatments are safe when administered properly.

The state is likely to appeal Moody’s decision to the 8th U.S. Circuit Court of Appeals, which previously upheld the judge’s temporary order blocking the law.

Governor Sarah Huckabee Sanders, Hutchinson’s successor, signed legislation in March aimed at effectively reinstating Arkansas’ ban by making it easier to sue providers of gender-affirming care for children. However, this law will not take effect until later this summer.

During the approximately two-week trial presided over by Moody, testimony was given by one of the transgender youths challenging the state’s ban. Seventeen-year-old Dylan Brandt testified in October, sharing how hormone therapy transformed his life and expressing that the ban would compel him to leave the state.

“I’m so grateful the judge heard my experience of how this healthcare has changed my life for the better and saw the dangerous impact this law could have on my life and that of countless other transgender people,” stated Brandt in a release from the ACLU. “My mom and I wanted to fight this law not just to protect my healthcare but also to ensure that transgender people like me can safely and fully live our truths.”

Frequently Asked Questions (FAQs) about gender-affirming care

More about gender-affirming care

• Judge strikes down Arkansas ban on gender-affirming care for transgender minors: Article from AP News covering the federal judge’s ruling on Arkansas’ ban on gender-affirming care.
• ACLU challenges Arkansas law banning gender-affirming care for transgender minors: Press release from the ACLU discussing their challenge to Arkansas’ ban on gender-affirming care.
• American Medical Association statement on transgender health care: Official statement from the American Medical Association regarding the Arkansas law limiting transgender health care.
• American Academy of Pediatrics opposes restrictions on gender-affirming care for minors: News release from the American Academy of Pediatrics expressing their opposition to state bills limiting gender-affirming care for minors.