Appeals court: Arkansas can ban gender-affirming care for minors
Aug. 13 (UPI) -- A federal appeals court has ruled that Arkansas may enforce its ban on minors receiving gender-affirming care, overturning a lower court's decision that found the law unconstitutional.
The U.S. Court of Appeals for the Eighth Circuit issued its ruling Tuesday, stating the lower court erred in June 2023 when it struck down Arkansas' Save Adolescents From Experimentation Act for violating the First Amendment and both the 14th Amendment's Equal Protection Clause and Due Process Clause.
It said the lower court's ruling was incongruent with a recent Supreme Court decision that upheld Tennessee's gender-affirming care ban for minors.
"Because the district court rested its permanent injunction on incorrect conclusions of law, it abused its discretion," the appeals court ruled.
Arkansas' Republican attorney general, Tim Griffin, celebrated the ruling.
"I applaud the court's decision recognizing that Arkansas has a compelling interest in protecting the physical and psychological health of children and am pleased that children in Arkansas will be protected from risky, experimental procedures with lifelong consequences," he said in a statement.
Gender-affirming care includes a range of therapies, from psychological, behavioral and medical interventions with surgeries for minors being exceedingly rare. The medical practice has been endorsed by every medical association.
Despite the evidence and the support of the medical community, Republicans and conservatives, often with the use of misinformation, have been targeting gender-affirming care amid a larger push threatening the rights of the LGBTQ community.
Arkansas passed the SAVE Act in 2021, but then-Gov. Asa Hutchinson vetoed it that same year, calling the ban a "product of the cultural war in America" that would interfere with the doctor-patient relationship. The GOP-majority legislature then overrode his veto, making Arkansas the first state to pass a bill banning gender-affirming care for minors in the United States.
Four transgender minors and their parents then challenged the law, saying it violated their rights, resulting in the 2023 ruling overturning the ban, which marked a victory in the fight for LGBTQ healthcare until Tuesday.
"This is a tragically unjust result for transgender Arkansans, their doctors and their families," Holly Dickson, executive director of the American Civil Liberties Union of Arkansas, said in a statement.
"As we and our clients consider our next steps, we want transgender Arkansans to know they are far from alone and we remain as determined as ever to secure their right to safety, dignity and equal access to the healthcare they need."
The ruling comes as Republicans seeking to restrict transgender healthcare have gained a support in the White House with President Donald Trump who has implemented several federal policies that align with their efforts.
On his first day in office, President Donald Trump signed an executive order making it federal policy that there are only two genders, male and female, both of which were determined at "conception." He has also banned transgender Americans from the military and has sought to bar transgender athletes from competing on teams and in competitions that align with their gender identity.
Twenty-six states and the territory of Puerto Rico have banned gender-affirming care for minors, according to the Movement Advancement Project.
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