Arkansas ban on gender-affirming care law upheld by appeals court

LITTLE ROCK, Ark. – An Arkansas law was upheld in a federal appeals court on Tuesday, putting the law into effect.

Act 626 of 2021, under the name “Save Adolescents From Experimentation Act,” forbids medical professionals in Arkansas from performing any medical or surgical procedures to alter or remove a minor’s physical characteristics of gender.

Four minors, their parents and two healthcare professionals filed the lawsuit against the Arkansas Attorney General and the Arkansas Medical Board, claiming that Act 626 violated the First and 14th Amendments to the Constitution.

The Eighth Circuit Court of Appeals held that since the Act classifies based upon age and medical procedure, not sex, it is proper. The opinion also pointed to a similar law in Tennessee that the Supreme Court upheld due to its classification based on age and procedure.

States are permitted to regulate medical procedures for the public good, the opinion states.

Arkansas was the first state to ban gender-affirming care for minors.

Arkansas Secretary of State Cole Jester posted his support of the court’s decision on social media.

“Arkansas’s ban on sex-change surgeries and hormones for kids and teens WON,” Jester posted in part. “Arkansas’s kids WON. The law is now enforcable [SIC] and will be used to protect the least of these. Banning these horriffic [SIC] surgeries on kids isn’t just constitutional—it is common sense.”

Executive Director of the ACLU of Arkansas, Holly Dickson, which had supported the suit, expressed disappointment at the Tuesday ruling.

“This is a tragically unjust result for transgender Arkansans, their doctors, and their families,” Dickson said in part. “The state had every opportunity and failed at every turn to prove that this law helps children; in fact, this is a dangerous law that harms children.”

Dickson continued that her agency and its clients are considering their next steps in responding to the ruling. 

Attorney General Tim Griffin responded to the ruling with an afternoon news conference, where he was joined by bill sponsors Rep. Robin Lundstrum (R-Benton and Washington Counties) and Sen. Alan Clark (R-Lonsdale).

I applaud the court’s decision recognizing that Arkansas has a compelling interest in protecting the physical and psychological health of children and am pleased that children in Arkansas will be protected from risky, experimental procedures with lifelong consequences,” Griffin said, adding, “Today’s decision is the culmination of many years of tireless and skillful legal work by this office. I am grateful for the excellent work done by my Solicitor General team.”