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Federal court allows Arkansas to enforce its ban on trans health care citing Skrmetti decision
On Tuesday, a federal appeals court allowed Arkansas to enforce its ban on gender-affirming care for transgender youth, overturning a lower court ruling that had held that the law undermined the interests of transgender minors in the state.This is a tragically unjust result for transgender Arkansans, their doctors, and their families, Holly Dickson, executive director of the ACLU of Arkansas, said in a statement. 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. Related The Supreme Courts latest cruel blow could make it a lot harder to win trans rights cases The Supreme Courts latest cruel blow could make it a lot harder to win trans rights cases Arkansas became the first state to pass a gender-affirming care ban in 2021, prohibiting doctors from providing trans youth under 18 hormone therapy, puberty blockers, or gender-affirming surgeries. The law alsoprohibitsdoctors from referring minors to other providers in such cases. Four families with transgender children and two physicians challenged the law in federal court, arguing that it violated the U.S. Constitution.A federal district judge blocked enforcement in July 2021, and in 2022, a three-judge Eighth Circuit panel upheld that injunction. In 2023, the district court struck down the law as unconstitutional, issuing a permanent injunction. Later that year, the Eighth Circuit approved Arkansas Attorney General Tim Griffins request for the case to be heard by the full court. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today This week, the Eighth Circuit held that the lower court abused its discretion by granting the permanent injunction and sent the case back to the lower court. Citing the Supreme Courts recent decision in U.S. v. Skrmetti, which allowed Tennessee to enforce its ban on hormone therapy for trans youth, the court rejected arguments based on equal protection, parental rights, and free speech. The panel held that parents have no constitutional right to obtain medical care for their child if lawmakers have prohibited it, even with the childs consent and a doctors recommendation.In reaching this conclusion, the court invoked a history and tradition test borrowed from a reproductive rights case but failed to define what history or tradition it relied ondismissing decades of parental rights precedent. Transgender civil rights attorney Alejandra Caraballo criticized the ruling. It doesnt matter how deeply rooted a constitutional right is, when it comes to trans people, it no longer matters, Caraballo said on Bluesky. Free speech, due process, equal protection, parental rights, etc. all are contorted with pretzel logic to ensure the outcome that harms trans people.According to the ACLU, the ruling means the ban on gender-affirming care will almost certainly take effect in Arkansasbut not right away.We are reviewing all legal options, and well continue working with our legal and medical partners to ensure families get accurate, up-to-date information, the ACLU of Arkansas said in a statement. Trans youth belong in Arkansas and we will keep fighting for their right to the healthcare they need.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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