A federal appeals court on Tuesday upheld an Arkansas law that prohibits doctors from providing gender transition medical treatment to minors, allowing the first-in-the-nation ban to take effect. The 8th U.S. Circuit Court of Appeals ruled 8-2 to overturn a lower court decision that had previously blocked the law, citing the U.S. Supreme Court’s June ruling on a similar Tennessee ban as a key precedent. This decision marks a significant legal shift in the ongoing debate over gender-affirming care for minors.
Arkansas Republican Attorney General Tim Griffin, who argued the law does not violate transgender minors’ equal protection rights under the U.S. Constitution, praised the court’s decision. He stated that the rule protects children from ‘experimental procedures,’ a stance echoed by Governor Sarah Huckabee Sanders, who called the ruling a ‘win for common sense.’ This aligns with the broader conservative judicial philosophy that emphasizes states’ rights and parental authority over medical decisions.
Despite the court’s ruling, critics argue the law lacks evidence of its purported goal to protect children, with U.S. Circuit Judge Jane Kelly dissenting, stating the ban ‘does not serve the state’s interest in protecting minors.’ The Supreme Court’s June decision on the Tennessee law, which deemed it constitutional, became central to the Arkansas court’s reasoning. The ruling further solidifies legal precedents for similar bans in states such as Oklahoma, which also saw its ban upheld by the 10th U.S. Circuit Court of Appeals this week.
The American Civil Liberties Union of Arkansas and other advocacy groups have vowed to challenge the law, arguing it violates the constitutional rights of transgender youth and their families. The court’s decision highlights the tension between state legislation and federal constitutional protections, a recurring theme in recent legal battles over gender-affirming care. As the debate continues, the ruling underscores the political and legal divide in the United States over the rights of transgender minors and their access to medical treatment.