Unconstitutional: Arkansas judge blocks ban on gender-affirming care
A federal judge on Tuesday struck down an Arkansas ban on gender-affirming care for minors. The judge says the ban 鈥� which has been widely criticized by medical groups 鈥� violates the U.S. Constitution.
Dylan Brandt, a transgender youth, speaks at a news conference outside the federal courthouse in Little Rock, Arkansas, July 21, 2021. A federal judge has ruled Arkansas' first-in-the-nation ban on gender-affirming care for children unconstitutional.
Andrew DeMillo/AP/File
Little Rock, Ark.
A federal judge struck down Arkansas鈥� first-in-the-nation ban on gender-affirming care for children as unconstitutional Tuesday, the first ruling to overturn such a prohibition as a growing number of Republican-led states adopt similar restrictions.
United States District Judge Jay Moody issued a permanent injunction against the Arkansas law, which would have prohibited doctors from providing gender-affirming hormone treatment, puberty blockers, or surgery to anyone under 18.
Arkansas鈥� law, which Mr. Moody temporarily blocked in 2021, also would have prohibited doctors from referring patients elsewhere for such care. At least 19 other states have enacted laws restricting or banning gender-affirming care for minors following Arkansas鈥� law, and nearly all of them have been challenged in court.
In his order, Mr. Moody ruled that the prohibition violated the due process and equal protection rights of transgender youth and families. He said the law also violated the First Amendment rights of medical providers.
鈥淩ather than protecting children or safeguarding medical ethics, the evidence showed that the prohibited medical care improves the mental health and well-being of patients and that, by prohibiting it, the state undermined the interests it claims to be advancing,鈥� Mr. Moody wrote in his ruling.
Judge Moody鈥檚 ruling echoed remarks that other judges have made in decisions temporarily blocking similar bans in Alabama and Indiana.
Republican Attorney General Tim Griffin said in a statement he planned to appeal Moody鈥檚 ruling to the 8th U.S. Circuit Court of Appeals, which last year upheld the judge鈥檚 temporary order against the law. Mr. Griffin said he was disappointed in the ruling, calling the health care 鈥渆xperimentation,鈥� an argument the judge鈥檚 ruling said was refuted by decades of clinical experience and scientific research.
Republican lawmakers in Arkansas enacted the ban in 2021, overriding a veto by former GOP Gov. Asa Hutchinson. Mr. Hutchinson, who left office in January and is now seeking the Republican presidential nomination, said the law went too far by cutting off treatments for children currently receiving such care.
The ruling affects only the Arkansas ban but may carry implications for the fates of similar prohibitions, or discourage attempts to enact them, in other states.
鈥淭his decision sends a clear message. Fear-mongering and misinformation about this health care do not hold up to scrutiny; it hurts trans youth and must end,鈥� said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas. 鈥淪cience, medicine, and law are clear: gender-affirming care is necessary to ensure these young Arkansans can thrive and be healthy.鈥�
The ACLU challenged the law on behalf of four transgender youth and their families and two doctors.
The ruling comes as even more states are poised to enact bans on care for transgender youth. Louisiana鈥檚 Democratic governor has said he intends to veto a similar prohibition, though the Republican Legislature likely has the votes needed to override him. Proposed bans are also pending in North Carolina and Ohio鈥檚 legislatures.
Three states have banned or restricted the care through regulations or administrative orders.
Florida鈥檚 law goes beyond banning the treatments for youth by also prohibiting the use of state money for gender-affirming care and placing new restrictions on adults seeking treatment. A federal judge has blocked Florida from enforcing its ban on three children who have challenged the law.
Children鈥檚 hospitals around the country have faced harassment and threats of violence for providing such care.
The state has argued that the prohibition is within its authority to regulate the medical profession. People opposed to such treatments for children argue they are too young to make such decisions about their futures. Major medical groups, including the American Medical Association and the American Academy of Pediatrics, oppose the bans and experts say treatments are safe if properly administered.
Gov. Sarah Huckabee Sanders, Mr. Hutchinson鈥檚 successor, in March signed legislation attempting to effectively reinstate Arkansas鈥� ban by making it easier to sue providers of gender-affirming care for children. That law doesn鈥檛 take effect until later this summer.
Ms. Sanders on Tuesday called the care 鈥渁ctivists pushing a political agenda at the expense of our kids.鈥�
鈥淥nly in the far-Left鈥檚 woke vision of America is it not appropriate to protect children,鈥� Ms. Sanders tweeted.
A roughly two-week trial before Judge Moody included testimony from one of the transgender youths challenging the state鈥檚 ban. Dylan Brandt, 17, testified in October that the hormone therapy he has received has transformed his life and that the ban would force him to leave the state.
鈥淚鈥檓 so grateful the judge heard my experience of how this health care 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,鈥� Dylan said in a statement released by the ACLU.
Sabrina Jennen, another of the transgender youth who sued over the ban, said she felt a 鈥渨ave of relief鈥� over the ruling.
鈥淚 can say with 100% certainty that if I hadn鈥檛 had this care, I would not be here today or at least in such a stable, mental state as happy as I am and as thriving as I am,鈥� Sabrina, 17, told The Associated Press. 鈥淗aving this care, it truly lifted me up from the deepest, darkest place.鈥�
This story was reported by The Associated Press.