A federal appeals court ruled on Tuesday that Arkansas can proceed with a ban on gender-affirming care for minors, which had been put in place in 2021. This decision overturns a previous ruling deemed unconstitutional by a lower court, especially following a Supreme Court ruling in June.
The 8th U.S. Circuit Court of Appeals stated that the U.S. District Court had wrongly invalidated the Arkansas Youth Act, also known as the SAFE Act (Save Adolescents from Experimentation). There was a significant emphasis in their ruling on how the previous judgment misinterpreted the implications of a Supreme Court case, arguing that there was no discrimination based on gender involved.
Judge Duane Benton, appointed by former President George W. Bush, commented that the district court misused its discretion, creating a permanent injunction that misapplied the law. He noted that the judgment would be reversed and sent back for further review.
The law faced challenges from four families of transgender youth and two doctors in 2021, who argued it violated constitutional rights.
Holly Dixon, executive director of the Arkansas ACLU—one of the groups representing the plaintiffs—described Tuesday’s ruling as “a tragic unfair consequence for transgender Arkansans, their doctors, and families.” She expressed concerns over the lack of evidence supporting the law’s benefits, calling it a harmful measure.
In contrast, Arkansas Attorney General Tim Griffin praised the ruling, expressing satisfaction that children in Arkansas will be safeguarded from what he referred to as “experimental procedures.”
Griffin pointed out the significance of the Supreme Court ruling from June 18, which he felt had a positive impact on their appeal to the Eighth Circuit.
Since Arkansas enacted its initial ban in 2021, a total of 27 states have imposed restrictions on certain medications and surgical options aimed at treating gender dysphoria among minors.
Now that Arkansas can enforce its ban, the only state with remaining court-ordered restrictions on transition-related care for minors is Montana. Recently, a district court in Montana determined that the 2023 law violated the state constitution.
This decision arrives at a time when the federal government is intensifying efforts to limit access to gender-affirming care for minors—a key part of former President Trump’s platform.
A recent executive order signed by Trump emphasized a commitment to not fund or promote what he termed “the so-called transition for children,” advocating stringent enforcement of laws barring these procedures.
In May, Trump’s Department of Health and Human Services took a stand against major health organizations, which argue there’s a genuine medical need for such care for transgender youth and adults. This conversation is furthered by Health Secretary Robert F. Kennedy Jr., who is calling on health providers to align treatment protocols with medical recommendations that prioritize psychotherapy over medical interventions.
The Department of Justice, along with the FBI and FTC, are investigating providers of gender-affirming care, and further announcements from the Centers for Medicare and Medicaid Services (CMS) are expected regarding potential funding prohibitions for facilities delivering these services to minors.
