This story comes from our partner Little Rock Public Radio.
A federal appeals court says Arkansas can enforce its ban on gender-affirming care for transgender minors.
The Eighth Circuit U.S. Court of Appeals ruled 8-2 Tuesday that the state can enforce Act 626 of 2021, also called the Save Adolescents From Experimentation (SAFE) Act. It was the first law of its kind in the U.S. to ban minors from receiving gender-affirming care, like puberty blockers and hormone therapy.
The law survived a veto from then-Gov. Asa Hutchinson, a Republican, but was put on hold by the courts shortly before going into effect. The law was then permanently blocked in 2023 following an eight-day trial. U.S. District Judge James Moody Jr. ruled the law was unconstitutional, and that denying gender-affirming care to trans minors would cause irreparable harm. Several of the state’s witnesses in the trial admitted they didn’t have experience treating transgender minors.
Tuesday’s ruling by the full Eighth Circuit relies heavily on the U.S. Supreme Court’s opinion in United States v. Skrmetti, a case challenging a similar law in Tennessee. In its ruling earlier this year, the Supreme Court found the law did not violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, a claim also made by the Arkansas plaintiffs. In Tuesday’s ruling, the appeals court agreed.
“The Act is rationally related to the state’s legitimate interest in protecting the well-being of minors. The Act passes rational basis review under the Equal Protection Clause,” the ruling reads.
The appeals court argues government has wider latitude in restricting the conduct of minors, compared to adults, as long as it’s in their best interest. The court ruled the law is not discriminatory, since transgender minors are still able to access treatments like hormones, just not for the express purpose of transitioning.
“The Act allows healthcare professionals to provide drugs or surgical services to address some medical concerns, but it bars healthcare professionals from providing those drugs or surgeries for other purposes. The Act thus classifies based on medical procedure, treating different medical procedures differently.”
The American Civil Liberties Union brought the suit on behalf of families of transgender teens and two physicians. Plaintiffs argued the law discriminated based on transgender status, circumvented parents’ authority over their child’s medical care, and limited doctors’ free speech rights in prohibiting them from referring trans minors for treatment elsewhere.
Tuesday’s ruling sends the case back to a lower court for consideration in light of the Skrmetti opinion. Arkansas Attorney General Tim Griffin welcomed the ruling in a statement.
“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.”
In a statement, ACLU of Arkansas Executive Director Holly Dickson called the ruling “tragically unjust.”
“The state had every opportunity and failed at every turn to prove that this law helps children; in fact, this is a dangerous law that harms children. The law has already had a profound impact on families across Arkansas who all deserve a fundamental right to do what is best for their children,” Dickson said.
“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 health care they need.”
