Circuit court upholds Arkansas ban on gender-affirming care for minors

By Lakyra Banks

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    ROGERS, Arkansas (KHBS, KHOG) — After being on hold for four years, Arkansas’s ban on gender-affirming care for minors is now set to be enforced. The Eighth Circuit Court of Appeals has rejected a challenge to a ban on the law that’s been in place since 2021.

The SAFE Act, or Save Adolescents From Experimentation Act, prohibits doctors from providing puberty blockers, cross-sex hormones, or gender-transition surgeries to anyone under 18. It also bars referrals for such care and blocks public funding to cover it.

Attorney General Tim Griffin called the decision a victory for child protection.

“Arkansas has a compelling interest in protecting the physical and psychological health of minors,” Griffin said.

State Rep. Robin Lundstrum, who sponsored the bill, said she has been waiting for this moment.

“For four years we’ve waited for this to protect our children,” she said. “Children are more important than politics. Castrating a child under 18 chemically or surgically is wrong.”

But members of Arkansas’ transgender community say the ruling will harm youth, and it is politically motivated. Rylie Couch, who is part of that community, called the ruling harmful.

“I just fear there’s going to be dead children because of this,” Couch said. “It’s like a psychological attack on our community. The point is to keep this in the discourse, to keep us feeling excluded, and ultimately the message that they’re trying to convey is that Arkansas is not a safe place for trans people to live.”

The ACLU of Arkansas, which represented the families challenging the law, said the ban will hurt transgender youth.

In a statement, the organization director, Holly Dickson, said, “This is a tragically unjust result for transgender Arkansans, their doctors, and their families. 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. The law has already had a profound impact on families across Arkansas, who all deserve a fundamental right to do what is best for their children. As we and our clients consider our next steps, we want transgender Arkansans to know they are far from alone and we remain as determined as ever to secure their right to safety, dignity, and equal access to the health care they need.”

Griffin says he doesn’t expect further legal challenges, but opponents of the ruling could still try.

Arkansas now joins Tennessee and more than a dozen other states with laws banning all gender-affirming care for minors, including puberty blockers and hormone therapy.

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