Judge rules Arkansas ban on gender-affirming care for transgender minors violates US Constitution

By ANDREW DeMILLO
Associated Press

LITTLE ROCK, Ark. (AP) — A federal judge struck down Arkansas’ 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.

U.S. 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’ law, which 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’ law, and nearly all of them have been challenged in court.

In his order, 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.

“Rather 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,” Moody wrote in his ruling.

Moody’s ruling echoed remarks that judges have made in other decisions temporarily blocking similar bans in Alabama and Indiana.

Republican Attorney General Tim Griffin said in a statement he planned to appeal Moody’s ruling to the 8th U.S. Circuit Court of Appeals, which last year upheld the judge’s temporary order against the law. Griffin said he was disappointed in the ruling, calling the health care “experimentation,” an argument the judge’s 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. 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.

“This 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,” said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas. “Science, medicine, and law are clear: gender-affirming care is necessary to ensure these young Arkansans can thrive and be healthy.”

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’s 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’s legislatures.

Three states have banned or restricted the care through regulations or administrative orders.

Florida’s 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’s 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, Hutchinson’s successor, in March signed legislation attempting to effectively reinstate Arkansas’ ban by making it easier to sue providers of gender-affirming care for children. That law doesn’t take effect until later this summer.

Sanders on Tuesday called the care “activists pushing a political agenda at the expense of our kids.”

“Only in the far-Left’s woke vision of America is it not appropriate to protect children,” Sanders tweeted.

A roughly two-week trial before Moody included testimony from one of the transgender youths challenging the state’s 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.

“I’m 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,” Brandt said in a statement released by the ACLU.

Sabrina Jennen, another of the transgender youth who sued over the ban, said she felt a “wave of relief” over the ruling.

“I can say with 100% certainty that if I hadn’t 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,” Jennen, 17, told The Associated Press. “Having this care, it truly lifted me up from the deepest, darkest place.”