Court Blocks Arkansas Ban On Treatment For Transgender Children

Topline

A federal appeals court on Thursday supported a temporary ban on Arkansas from enforcing a ban on gender-affirming medical care for transgender children—a blow to state conservatives in the state amid a growing national movement targeting certain types of medical treatments.

A federal appeals court ruled on Thursday that Arkansas cannot enforce a ban on gender-affirming … [+] care for children. (Photo by Drew Angerer/Getty Images)

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Key Facts

The court ruled that the ban unfairly prohibits medical treatment recognized as the “standard of care for adolescent gender dysmorphia,” which has been “supported by medical evidence that has been subject to rigorous study.”

Arkansas’ ban, which had been temporarily blocked by a state judge, prohibited doctors from providing hormonal treatment or surgery to children under 18, or from referring children who identify as transgender to other providers for treatment.

Arkansas became the first state to pass such a ban in May, 2021—Alabama, Arizona and Texas have introduced similar measures.

The three-member panel found Arkansas’s reasoning for the ban on the basis of protecting children from experimental medical treatment did not meet a federal threshold requiring “exceedingly persuasive justification” to overcome perceived sex-based discrimination.

Key Background

The American Civil Liberties Union had challenged the law in May 2021, shortly after it was enacted, on behalf of four transgender children and their families. It follows a larger movement targeting a range of trans issues in various conservative states, including a Texas Supreme Court ruling in May that allowed a policy directing state officials to investigate the parents of transgender children for “child abuse” to go into effect, after it was blocked by a lower state court. In March, Florida Gov. Ron DeSantis signed the so-called “don’t say gay” bill, barring instruction on sexual orientation or gender identity in kindergarten through third grade classrooms. In Louisiana, the state legislature passed a bill in June overriding Gov. John Bel Edwards’ veto, enacting a ban on trans women and girls from playing on women’s sports teams—making it the 18th state to pass such a prohibition. Additional bans, like Alabama’s law making it a felony punishable by up to 10 years in prison for parents or doctors to provide gender-affirming treatment, as well as a Texas order that directs officials to investigate parents who provide such care, are being challenged in court.

Chief Critic

“Arkansas has no business singling out and prohibiting care for trans youth,” the ACLU wrote in a tweet.

Surprising Fact

It’s not clear how effective the ban would be if it were the ruling to be challenged. There are no doctors in Arkansas who perform gender-affirming surgery on children under 18, the Associated Press reported.

What To Watch For

A trial date in October that will decide whether the court can permanently block the ban.