A federal appeals court has upheld a controversial Arkansas law that prohibits doctors from providing gender transition medical treatment to minors. The ruling, issued on October 31, 2023, by the 8th U.S. Circuit Court of Appeals, reverses a lower court decision that had blocked the state’s first-in-the-nation law, allowing its enforcement.
The court ruled by a margin of 8-2, agreeing with the state’s attorney general, Tim Griffin, that the law does not violate the equal protection rights of transgender minors under the U.S. Constitution. The decision referenced a June 2023 ruling by the U.S. Supreme Court, which upheld a similar ban in Tennessee, asserting that such laws are constitutional and do not discriminate against transgender individuals.
Arkansas has been at the forefront of this contentious issue since it became the first state in the U.S. to enact a ban on gender transition treatments for minors in 2021. The law prohibits procedures such as puberty blockers, hormone therapy, and surgeries, following the Republican-led legislature’s decision to override a veto from former Governor Asa Hutchinson.
The law faced significant legal challenges, with four families of transgender children and two doctors arguing that the law violates parents’ due process rights under the Fourteenth Amendment. In his majority opinion, U.S. Circuit Judge Duane Benton stated that parents do not possess a right to medical treatment for their children that the state has banned.
Judge Benton’s opinion emphasized that the lower court’s ruling, which found the law discriminatory and harmful to transgender minors, conflicted with the Supreme Court’s decision on the Tennessee law. Judge Jane Kelly, who dissented, criticized the ruling, highlighting a lack of evidence linking the Arkansas ban to its intended goal of safeguarding children.
The implications of this ruling extend beyond Arkansas. Following this decision, a similar ban in Oklahoma was also upheld by the 10th U.S. Circuit Court of Appeals, reinforcing a trend among several states to restrict gender transition care for minors.
Arkansas Governor Sarah Huckabee Sanders praised the ruling as a victory for “common sense” and for the well-being of children in the state. In contrast, the American Civil Liberties Union (ACLU) of Arkansas, representing the plaintiffs, condemned the ruling. Executive Director Holly Dickson stated, “This is a tragically unjust result for transgender Arkansans, their doctors, and their families.” She argued that the state has failed to demonstrate that the law benefits children and highlighted the profound impact it has had on families seeking necessary medical care.
The ruling reflects a broader national debate on transgender rights and healthcare access for minors, with implications for legislation and court rulings across the United States. As families and advocates assess their next steps, the outcome in Arkansas may influence similar legal battles in other states.