Federal judge delivers significant blow to Arkansas’ ban on gender-affirming treatment for transgender youth.
Judge James M. Moody Jr., in an 80-page ruling, declares Arkansas’ “Save Adolescents from Experimentation Act” unconstitutional and prohibits state officials from enforcing the 2021 law.
According to the judge, the banned medical care actually enhances patients’ mental health and well-being, contradicting the state’s claim of protecting children and upholding medical ethics.
The judge further stated that the State’s claims of protecting children and upholding medical ethics fail to justify singling out gender-affirming medical care for prohibition. Testimonies from experts, Arkansas-based doctors providing gender-affirming medical care, and families relying on such care directly contradict the State’s assertion that the law serves the interest of child protection.
Under the now-blocked law, transgender youth would have been denied access to puberty-blockers, a treatment to prevent the onset of puberty, and cross-hormone therapy, which allows for physical changes aligned with gender identity. The legislation made limited exceptions for intersex individuals with unspecified chromosomal makeup, hormone production, and those facing difficulties due to prior gender-affirming treatments.
Gender-affirming care encompasses evidence-based treatments and approaches, tailored to the recipient’s age and goals, and widely recognized as the standard of care by numerous mainstream medical associations.
The ruling, while limited to Arkansas’ ban, represents a significant victory for LGBTQ advocates challenging similar laws enacted in GOP-led states.
This case marked the first instance where a federal judge extensively examined evidence and briefings related to a ban on gender-affirming care. Judge Moody had previously issued a temporary block on the law’s implementation in July 2021, and an eight-day trial occurred last year. Comparable lawsuits have been filed in Alabama and Tennessee.
“This victory demonstrates that these laws, when subjected to evidence-based scrutiny, lack any constitutional justification. We hope this sends a message to other states regarding the flaws and detrimental consequences of enacting such laws,” stated Chase Strangio, an attorney from the American Civil Liberties Union (ACLU), who assisted the plaintiffs in the case.
Arkansas intends to appeal the ruling to the US Court of Appeals for the 8th Circuit. In August of last year, a three-judge panel on the appeals court upheld Judge Moody’s preliminary injunction.
Arkansas Attorney General Tim Griffin expressed disappointment in the decision, stating that it prevents the state from protecting children against what he referred to as “dangerous medical experimentation” under the guise of gender transition.
The lawsuit, initiated two years ago, involved four transgender adolescents in Arkansas and their families, along with two doctors providing gender-affirming care to transgender youth in the state.
Arkansas became the first state to ban gender-affirming care for transgender youth in 2021, despite the initial veto by the then-Republican governor, which was subsequently overridden by state lawmakers.
While acknowledging potential risks associated with gender-affirming treatments, Judge Moody emphasized that, for many adolescents, the benefits outweigh those risks.
The judge asserted that there is no unique aspect of the risks associated with gender-affirming medical care for adolescents that justifies removing the medical decision-making power from patients, parents, and doctors.
Opposed by LGBTQ and medical advocates, the ban raised concerns about the significant negative impacts it could have on transgender youth, who face a higher risk of suicide attempts according to the US Centers for Disease Control and Prevention.
Moody’s ruling appeared to acknowledge those concerns, stating that gender-affirming medical treatments have been proven effective in improving mental health outcomes for adolescents with gender dysphoria based on the body of medical research as a whole.
By Devan Cole, CNN
Updated 10:08 PM EDT, Tue June 20, 2023
