A federal appeals court is set to hear arguments on Thursday regarding Arkansas' ban on gender-affirming care for minors, a law that has sparked a nationwide debate on transgender rights. The 2021 law, which would prohibit doctors from providing gender-affirming hormone treatment, puberty blockers, or surgery to anyone under 18, is being challenged as unconstitutional.
The case is going before the full 8th U.S. Circuit Court of Appeals, following a request by the state's Attorney General. This move could potentially expedite the case's journey to the U.S. Supreme Court, which is also considering similar laws in other states like Kentucky and Tennessee.
Currently, at least 24 states have implemented laws restricting or banning gender-affirming medical care for transgender minors, with many facing legal challenges. Judges in Idaho and Montana have temporarily blocked enforcement of such bans.
Last year, a U.S. District Judge ruled that Arkansas' health care restrictions violated the rights of transgender youths and families, as well as the First Amendment rights of doctors. The judge had temporarily halted the law from taking effect.
The American Civil Liberties Union is representing families of transgender youths and providers in the case, arguing against the ban and highlighting the importance of gender-affirming care for trans youth.
Medical groups, including the American Medical Association and the American Academy of Pediatrics, have opposed Arkansas' ban, citing the safety and effectiveness of gender-affirming care for transgender individuals.
Arkansas defends its ban by labeling the care as 'experimental,' a claim refuted by medical experts and scientific research. The state argues that the ban is necessary to protect minors from potentially harmful procedures.
The ban was enacted after the state's Legislature overrode a veto by the former governor. The current governor has expressed support for the ban and signed legislation to make it easier to sue providers of gender-affirming care.
The outcome of the appeals court hearing could have far-reaching implications for transgender rights and access to medical care for minors across the country.
