A federal judge on Tuesday struck down an Arkansas law banning transition-related medical care for transgender minors as unconstitutional.
U.S. District Judge James Moody, Jr., for the Eastern District of Arkansas, said the law violated the First Amendment, the Equal Protection and Due Process Clauses of the Fourteenth Amendment, and overturned the law into effect. was permanently prevented.
“Rather than protecting children or upholding medical ethics, the interests of arguing that prohibited medical care improves the mental health and well-being of patients and that the state advances by banning it Evidence has shown that it impairs the
The lawsuit is the first lawsuit filed against the ban on gender-affirming care, and the ruling marks the first time a judge has overturned such a law.
Moody’s decision applies only to Arkansas, but similar restrictions have become law in 19 other states, and more are under consideration, which could spread nationwide.
An Arkansas law passed by a majority Republican Congress in April 2021 overruling former Gov. It was prohibited to introduce medical institutions to minors. other providers.
American Civil Liberties Union Lawsuit in May 2021 On behalf of four trans minors and their parents, as well as two doctors who provide gender-affirming healthcare, they argued that this was unconstitutional.
In Moody’s opinion, the state’s attorneys relied on five arguments to support the law. They noted the lack of evidence to support gender-positive care for minors, the harmful side effects of prohibited treatments, and the fact that many patients grow up to be transgender. “Abandonment” or non-self-identification, he argued, would make some patients regret their transition. and that physicians administer treatment without a thorough evaluation or informed consent.
However, Moody wrote that “the evidence presented at the trial does not support these claims.” He said the state’s arguments do not explain “why only gender-affirming medicine, and all gender-affirming medicine, is being targeted for banning.”
“Testimony from well-qualified professionals who provide gender-affirming health care in Arkansas, physicians, and families who depend on their care support the state’s assertion that the law advances child protection interests. ,” Moody wrote.
If the law is allowed to take effect, he wrote, it would “irreparably harm” four transgender youth, their parents, and the doctors who represented them in their lawsuits.
Plaintiff Dylan Brandt, a 17-year-old transgender boy, said in a statement on Tuesday that the judge said, “My experience of how this medical care has changed my life for the better, and how this law has changed my life.” “Thank you for listening to my understanding of life and the dangerous impact it can have on your life.” And countless other transgender people. ”
“My mom and I wanted to fight this law not only to protect our healthcare, but to make sure transgender people like me can live safely and fully and truthfully.” said Brandt. “Transgender children across the country have their futures threatened by laws like this one. It is up to all of us to speak up, fight back and give them hope.”
Gov. Sarah Huckabee Sanders (Republican) condemned the judge’s decision in a tweet Attorney General Tim Griffin said Tuesday that he plans to appeal to the Eighth Circuit Court of Appeals.
“This is not ‘care,'” Sanders said. “Activists are sacrificing children to advance a political agenda, exposing them to perpetual and harmful procedures.” He said, “It is not appropriate to protect children only in the enlightened vision of far-left America.”
Judges have temporarily blocked similar regulations in Alabama, Florida and other states. Indiana. Oklahoma They also agreed to postpone the implementation of the law pending the outcome of the lawsuit.
