Federal judge permanently blocks Arkansas law banning transgender procedures for minors, AG will appeal

An Arkansas law that banned medical procedures for transgender patients under the age of 18 was permanently blocked by U.S. District Judge Jay Moody on Tuesday (June 20). Arkansas Attorney General Tim Griffin said he would appeal the decision.

The Save Adolescents From Experimentation Act (SAFE Act) was passed by the state legislature in 2021 by overwhelming margins, but then-Gov. Asa Hutchinson vetoed the measure saying it was “overbroad” and “a vast government overreach.” The legislature overrode his veto, putting the law in effect before it was challenged in court.

The federal lawsuit was brought by several families of transgender children who claimed the SAFE Act violated the 14th Amendment right to equal protection under the law and their 1st Amendment right to free speech. The defendants included then-Arkansas Attorney General Leslie Rutledge and members of the Arkansas Medical Board.

Judge Moody ruled in favor of the plaintiffs on all counts and said in his 80-page ruling that the state could provide no evidence that the SAFE Act was necessary to protect children. (Link here for a PDF of Moody’s ruling.)

“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. … Further, the various claims underlying the state’s arguments that the act protects children and safeguards medical ethics do not explain why only gender-affirming medical care – and all gender-affirming medical care – is singled out for prohibition.”

Supporters of the SAFE Act claimed that minors under 18 were too young for potentially life-changing medical decisions related to their gender. Opponents argued the medical care was necessary for physical and mental health and that government should not be involved in doctor-patient decisions.

AG Griffin said he planned to appeal the decision to the Eighth Circuit Court of Appeals.

“I am disappointed in the decision that prevents our state from protecting our children against dangerous medical experimentation under the moniker of ‘gender transition.’ Unfortunately, Judge Moody misses what is widely understood across the United States and in the United Kingdom and European countries: There is no scientific evidence that any child will benefit from these procedures, while the consequences are harmful and often permanent. I will continue fighting as long as it takes to stop providers from sterilizing children,” Griffin said.

The ACLU, which assisted in legal representation for the plaintiffs, posted on its Twitter account, “VICTORY! A federal district court judge has ruled against the Arkansas law banning gender-affirming care for trans youth, marking a groundbreaking victory to #ProtectTransYouth. We stand with all brave Arkansans fighting for their right to thrive & be healthy.”

Twenty states have some form of a ban or restriction on transgender medical care for minors, while seven states are considering legislation, according to the Human Rights Campaign. The Arkansas law was the first to be tested in federal court.