This blog originally appeared at Huff Post.
The ban would have prohibited doctors from providing gender-affirming hormone treatment, puberty blockers or surgery to anyone under 18.
The ruling by a federal judge in Arkansas declared the state’s ban on gender-affirming care for children as unconstitutional. This ban was the first of its kind in the United States and had attracted significant attention as other Republican-led states were considering implementing similar restrictions.
The ban in Arkansas aimed to prohibit healthcare providers from offering gender-affirming treatments, including hormone therapy and puberty blockers, to transgender minors. However, the judge’s ruling deemed the ban unconstitutional, citing that it violated the Equal Protection Clause and the due process rights of transgender individuals.
This decision marks a significant legal development in the ongoing debate surrounding transgender rights and healthcare access for transgender minors. It may have implications for similar bans that were being considered or implemented in other states, potentially setting a precedent for future legal challenges.
It’s important to note that as an AI language model, I don’t have real-time information or the ability to provide the latest news updates. Therefore, for the most accurate and up-to-date information on this topic, I recommend referring to reliable news sources or conducting a search for recent developments on the subject.
U.S. District Judge Jay Moody issued a permanent injunction against the Arkansas law, which would have prohibited doctors from providing gender-affirming hormone treatment, puberty blockers or surgery to anyone under 18.
Arkansas’ law, which Moody temporarily blocked in 2021, also would have prohibited doctors from referring patients elsewhere for such care.
Republican lawmakers in Arkansas enacted the ban in 2021, overriding a veto by former GOP Gov. Asa Hutchinson. Hutchinson, who left office in January, said the law went too far by cutting off treatments for children currently receiving such care.
The ruling affects only the Arkansas ban but may carry implications for the fates of similar prohibitions, or discourage attempts to enact them, in other states.
At least 19 other states have enacted laws restricting or banning gender-affirming care for minors following Arkansas’ law, and federal judges have temporarily blocked similar bans in Alabama and Indiana. Three states have banned or restricted the care through regulations or administrative orders.
Florida’s law goes beyond banning the treatments for youth, by also prohibiting the use of state money for gender-affirming care and placing new restrictions on adults seeking treatment. A federal judge has blocked Florida from enforcing its ban on three children who have challenged the law.
Children’s hospitals around the country have faced harassment and threats of violence for providing such care.
The state has argued that the prohibition is within its authority to regulate the medical profession. People opposed to such treatments for children argue they are too young to make such decisions about their futures. Major medical groups, including the American Medical Association and the American Academy of Pediatrics, oppose the bans and experts say treatments are safe if properly administered.
The state is likely to appeal Moody’s decision to the 8th U.S. Circuit Court of Appeals, which last year upheld the judge’s temporary order blocking the law.
Gov. Sarah Huckabee Sanders, Hutchinson’s successor, in March signed legislation attempting to effectively reinstate Arkansas’ ban by making it easier to sue providers of gender-affirming care for children. That law doesn’t take effect until later this summer.
A roughly two-week trial before Moody included testimony from one of the transgender youths challenging the state’s ban. The teenager testified in October that the hormone therapy he has received has transformed his life and that the ban would force him to leave the state.
click here to see full blog: https://www.huffpost.com/entry/bc-us-transgender-health-arkansas_n_64920d16e4b041b71a127211
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