Brian ChilsonAttorneys with the ACLU of Arkansas and the Arkansas attorney general’s office made their arguments this morning before a federal appeals court in a case with national significance for transgender rights and states’ efforts to restrict gender-affirming health care for minors.
A group of Arkansas transgender kids and their parents, represented by the ACLU, sued in 2021 to overturn a law passed by the state Legislature that year that prohibited health care providers from administering care such as hormone treatments or puberty blockers to people under 18. It was the first such ban in the nation.
A federal judge in Little Rock blocked the law from taking effect, then struck it down entirely in a ruling last summer. Attorney General Tim Griffin quickly appealed to the 8th Circuit Court of Appeals in St. Louis.
The 8th Circuit has a reputation for leaning conservative, but it sided with the Arkansas plaintiffs at an earlier stage of the case: In 2022, the court twice upheld the injunction that had initially placed the Arkansas law on hold, though the decision was a close one.
But the sands have shifted in the years since. Many other states have passed similar bans, and other federal appellate courts have weighed in on the issue, including the 6th Circuit, which last year allowed laws banning gender-affirming care to take effect in Tennessee and Kentucky.
Last fall, the Arkansas plaintiffs got what appeared to be bad news when the 8th Circuit agreed to grant Griffin’s request that the full 11-judge appeals court review the case. Typically, the full court will only consider hearing a case after it’s first been reviewed by a three-judge panel.
If the full 8th Circuit overturns the lower court ruling, the plaintiffs will very likely ask the U.S. Supreme Court to take up the case. That means the Arkansas case could ultimately have consequences for every state.
The ACLU released a statement after opening arguments ended this morning from plaintiffs Dylan and Joanna Brandt; Sabrina, Lacey and Aaron Jennen; Parker and Donnie Ray Saxton; and Brooke, Amanda, and Shayne Dennis:
We stand united in our belief that gender-affirming care is not just medical care; it is lifesaving care. This belief is not only ours, but is also supported by leading medical organizations such as the American Medical Association, the American Academy of Pediatrics, and the American Psychiatric Association. These institutions have publicly recognized that gender-affirming care is crucial in significantly reducing the dire physical and mental health consequences experienced by those with untreated gender dysphoria.
Despite clear evidence and expert consensus on the importance of gender-affirming care, we find ourselves once again defending our right to access basic healthcare against political interference. It is deeply disheartening to see that, in the pursuit of their ideological agendas, some politicians are willing to disregard the well-being and rights of transgender youth. This ongoing battle, in Arkansas and across the United States, is a stark reminder of the challenges we face in ensuring that everyone has the freedom to access the care they need and deserve.
The fact that families are relocating to find safe havens where their children can live authentically and receive necessary medical care is a testament to the current state of uncertainty and fear. It is unconscionable that in the United States, a country that prides itself on freedom and justice for all, people are forced to flee their homes to secure basic human rights. The need to seek out ‘safe states’ not only underscores the uneven landscape of rights and protections but also highlights the urgency of our fight for equality and access to healthcare.
As we move forward, let it be known that we are not just fighting for access to medical care; we are fighting for the right to live our lives authentically and without fear. We are fighting for the future of all trans youth and their families, who deserve to live in a world where their rights are protected and their health is prioritized. We call on everyone to stand with us in this fight, to recognize the humanity and dignity of transgender Arkansans, and to work towards a future where no one has to fear being themselves or accessing the care they need.
Our voices, combined with those of medical professionals and advocates across the nation, send a clear message: gender-affirming care is essential, and the rights of transgender Arkansans are non-negotiable. We urge the courts and policymakers to heed this message, to prioritize the health and well-being of all people, not just some; and to ensure that every person has the opportunity to live their life to the fullest, as their true self, in Arkansas. Together, we can build a more inclusive and compassionate society for everyone.”
