Federal Court Allows Arkansas to Enforce Ban on Gender-Affirming Care for Minors

A federal court recently ruled that Arkansas can enforce its ban on gender transition-related treatments for minors. This decision comes in light of a Supreme Court ruling from June that upheld similar laws in Tennessee.

The U.S. Eighth Circuit Court of Appeals overturned a lower court’s ruling that had previously invalidated a 2021 law, which prohibits any gender-affirming medications or surgeries for individuals under 18. It also prevents medical professionals from referring minors for such treatments.

Following the law’s passage, four families of transgender minors, along with two doctors, challenged the ban, arguing that it violated the Equal Protection and Due Process Clauses outlined in the First and Fourteenth Amendments. They contended that the law discriminated against transgender individuals.

However, Judge Duane Benton, appointed by former President George W. Bush, disagreed with this interpretation. He asserted that the law is grounded in considerations of age and medical procedures. He referenced the Supreme Court’s decision in United States vs. Skrmetti to support the legality of similar laws in Tennessee.

Benton noted, “The district court misused its discretion by placing a permanent injunction on a misinterpretation of the law.” He indicated that the case would be returned for further proceedings that align with this ruling.

In its ruling, the Supreme Court determined that Tennessee’s law did not breach the amendment to Section 14, asserting that it provides a “rational basis” for the government’s actions in this context.

Benton emphasized that Arkansas has a legitimate interest in safeguarding the physical and mental well-being of minors.

Arkansas Attorney General Tim Griffin expressed his approval of the ruling, highlighting the court’s decision as a means to protect children in Arkansas from what he termed experimental procedures.

Holly Dixon, the executive director of the Arkansas ACLU, criticized the verdict, calling it “tragically unfair” for transgender residents of the state. She claimed that the state had failed to demonstrate the law’s benefit to children, suggesting instead that it poses a danger to them.

Dixon added, “This law has already made a significant impact on families in Arkansas who have the right to choose what is best for them. We are contemplating our next steps, as we want transgender residents to feel supported in their struggles for safety, dignity, and access to healthcare.”

Recently, another federal appeals court dismissed a similar challenge in Oklahoma, adhering to the rationale established in the Skrmetti decision.

The case under review is Brandt v. Griffin 23-2681, heard in the U.S. Court of Appeals for the Eighth Circuit.