These are the 15 worst states for LGBTQ+ people

Alabama

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Pride Parade in Huntsville, Alabama (October 1, 2022)

Nondiscrimination laws: Alabama does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. Its state code incorrectly defines sex as exclusively male or female, and it prohibits transgender people from using public facilities that align with their identities.

Marriage equality and parental rights: Alabama does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Alabama has a “Don’t Say Gay” law restricting discussion of LGBTQ+ identities in classrooms. It has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians. The state also has a “religious exemption” law for Child Welfare Services.

Healthcare access and rights: Alabama has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Health insurance companies, including Medicaid, are not required to provide coverage related to gender transition or fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: Alabama’s hate crime laws do not encompass sexual orientation and gender identity, and it has not banned the so-called “LGBTQ+ panic” defense.

Arkansas

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3rd annual Pride Walk at Hot Springs National Park, Arkansas (June, 4 2021)

Nondiscrimination laws: Arkansas does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. The state bans cities and local ordinances from passing nondiscrimination laws, and it has law about “adult” performances that could be used to target or restrict drag.

Marriage equality and parental rights: Arkansas does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Arkansas has a “Don’t Say Gay” law restricting discussion of LGBTQ+ identities in classrooms. It has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians.

Healthcare access and rights: Arkansas has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition to minors, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: Arkansas’ hate crime laws do not encompass sexual orientation and gender identity, and it has not banned the so-called “LGBTQ+ panic” defense. It has an HIV criminalization law that may require sex offender registration.

Florida

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Mourners pay their respects to the fallen at the Pulse Nightclub memorial on the 5th anniversary of the Pulse mass shooting in Orlando, Florida (June 12, 2021)

Nondiscrimination laws: Florida has nondiscrimination laws in employment, housing, and public accommodations, but not in credit/lending, health care, nor education. The state prohibits transgender people from using public facilities that align with their identities, and it does not allow updating gender markers on driver’s licenses or birth certificates. It has law about “adult” performances that could be used to target or restrict drag

Marriage equality and parental rights: Florida does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Florida originated the “Don’t Say Gay” laws restricting discussion of LGBTQ+ identities in classrooms. It has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians.

Healthcare access and rights: Florida has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for all ages, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: Florida’s hate crime laws only encompass sexual orientation, not gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

Idaho

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Rally in support of transgender youth and gender-affirming care in Boise, Idaho (February 24, 2023)

Nondiscrimination laws: Idaho has nondiscrimination laws in employment, housing, and public accommodations, but not in credit/lending, education, health care, nor for state employees. Its state code incorrectly defines sex as exclusively male or female.

Marriage equality and parental rights: Idaho does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It has second-parent adoption for unmarried couples, but not confirmatory adoption nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Idaho has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians. The state also has a “religious exemption” law for Child Welfare Services, though it has protections for LGBTQ+ youth in the Child Welfare System.

Healthcare access and rights: Idaho has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for all ages, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: Idaho’s hate crime laws do not encompass sexual orientation and gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

Indiana

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Indiana University Bloomington Students walking at Indy Pride in Indianapolis, Indiana (June 4, 2008)

Nondiscrimination laws: Indiana has weaker nondiscrimination laws in employment, housing, and public accommodations, but not in credit/lending, education, nor health care. The state also has a broad “religious exemption” law.

Marriage equality and parental rights: Indiana has adoption or foster care nondiscrimination protections based on sexual orientation, but not gender identity. It has second-parent adoption for unmarried couples, but not confirmatory adoption nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Indiana has a “Don’t Say Gay” law restricting discussion of LGBTQ+ identities in classrooms. It has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians.

Healthcare access and rights: Indiana has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid and state health insurance plans are not required to provide coverage related to gender transition or fertility treatments, but it has trans-inclusive health benefits for state employees.

Criminal justice: Indiana’s hate crime laws do not encompass sexual orientation and gender identity, and it has not banned the so-called “LGBTQ+ panic” defense. It has an HIV criminalization law that may require sex offender registration.

Louisiana

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Southern Decadence Parade march through the French Quarter in New Orleans, Louisiana (September 1, 2024)

Nondiscrimination laws: Louisiana does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. Its state code incorrectly defines sex as exclusively male or female, and it prohibits transgender people from using public facilities that align with their identities. The state also has a broad “religious exemption” law.

Marriage equality and parental rights: Louisiana does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Louisiana has a “Don’t Say Gay” law restricting discussion of LGBTQ+ identities in classrooms. It has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians.

Healthcare access and rights: Louisiana has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Health insurance companies, including Medicaid, are not required to provide coverage related to gender transition or fertility treatments, and state employees do not have trans-inclusive benefits.

Criminal justice: Louisiana’s hate crime laws only encompass sexual orientation, not gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law that may require sex offender registration.

Mississippi

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A rainbow flag supporting Pride month flies a the Biloxi VA Medical Center in Biloxi, Mississippi (June 5, 2023)

Nondiscrimination laws: Mississippi does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. Its state code incorrectly defines sex as exclusively male or female, and it prohibits transgender people from using public facilities that align with their identities. The state also has a broad “religious exemption” law.

Marriage equality and parental rights: Mississippi does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It has second-parent adoption for unmarried couples, but not confirmatory adoption nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Mississippi has a “Don’t Say Gay” law restricting discussion of LGBTQ+ identities in classrooms. It has banned trans students from participating in sports or using school facilities based on their identities, and it requires staff to forcibly out LGBTQ+ students to their guardians. The state also has a “religious exemption” law for Child Welfare Services.

Healthcare access and rights: Mississippi has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for youth, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: Mississippi’s hate crime laws do not encompass sexual orientation and gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

Missouri

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A view down one of the streets filled with celebrants during Saint Louis PrideFest in Missouri (June 24, 2023)

Nondiscrimination laws: Missouri has weaker nondiscrimination laws in housing, and public accommodations, but not in employment, credit/lending, education, nor health care. The state also has a broad “religious exemption” law.

Marriage equality and parental rights: Missouri’s adoption or foster care nondiscrimination protections only encompass sexual orientation, not gender identity. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Missouri has banned schools and districts from passing nondiscrimination or anti-bullying policies protecting LGBTQ+ students. It has banned trans students from participating in sports based on their identities, but not from using facilities that align with their identities.

Healthcare access and rights: Missouri has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for all ages, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: Missouri’s hate crime laws encompass sexual orientation and gender identity, though it has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

Montana

$"Say Gay" sign at Missoula Pride\u200b$

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“Say Gay” sign at Missoula Pride in Montana (March 29, 2024)

Nondiscrimination laws: Montana does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. Its state code incorrectly defines sex as exclusively male or female, and it has a broad “religious exemption” law. The state has also explicitly restricted drag performances, and does not allow updating gender markers on birth certificates

Marriage equality and parental rights: Montana’s adoption or foster care nondiscrimination protections only encompass sexual orientation, not gender identity. It has second-parent adoption for unmarried couples, but not confirmatory adoption nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Montana requires that parents be notified of LGBTQ+ curricula so they can opt out. It has banned trans students from participating in sports based on their identities, but not from using facilities that align with their identities. The state requires staff to forcibly out LGBTQ+ students to their guardians.

Healthcare access and rights: Montana has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Health insurance companies and Medicaid are required to cover care related to gender transition, and there is some coverage for fertility treatments. However, the state has a “religious exemption” law for healthcare providers.

Criminal justice: Montana’s hate crime laws do not encompass sexual orientation and gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

Oklahoma

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Pride Parade in Oklahoma (June 26, 2023)

Nondiscrimination laws: Oklahoma does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. Its state code incorrectly defines sex as exclusively male or female, and it prohibits updated gender markers on birth certificates. It also has a broad “religious exemption” law.

Marriage equality and parental rights: Oklahoma does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It has second-parent adoption for unmarried couples, but not confirmatory adoption nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Oklahoma has a weaker version of a “Don’t Say Gay” law that restricts the discussion of “homosexuality” in specific school subjects. It has banned trans students from participating in sports or using school facilities based on their identities. The state also has a “religious exemption” law for Child Welfare Services, though it has protections for LGBTQ+ youth in the Child Welfare System.

Healthcare access and rights: Oklahoma has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Health insurance companies, including Medicaid, are not required to provide coverage related to gender transition or fertility treatments, and state employees are not permitted trans-inclusive benefits.

Criminal justice: Oklahoma’s hate crime laws do not encompass sexual orientation and gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

South Carolina

$Rainbow flag on a map of South Carolina\u200b$

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Rainbow flag on a map of South Carolina

Nondiscrimination laws: South Carolina does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. It has a broad “religious exemption” law.

Marriage equality and parental rights: South Carolina‘s adoption or foster care nondiscrimination protections only encompass sexual orientation, not gender identity. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: South Carolina has banned trans students from participating in sports based on their identities, but not from using facilities that align with their identities. The state requires staff to forcibly out LGBTQ+ students to their guardians. The state also has a “religious exemption” law for Child Welfare Services.

Healthcare access and rights: South Carolina has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for all ages, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers.

Criminal justice: South Carolina‘s hate crime laws do not encompass sexual orientation and gender identity. It has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law.

South Dakota

$South Dakota state flag with rainbow stripes \u200b$

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South Dakota state flag with rainbow stripes

Nondiscrimination laws: South Dakota does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. It has a broad “religious exemption” law.

Marriage equality and parental rights: South Dakota’s adoption or foster care nondiscrimination protections encompass sexual orientation and gender identity. However, it does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: South Dakota has banned schools and districts from passing nondiscrimination or anti-bullying policies protecting LGBTQ+ students. It has banned trans students from participating in sports based on their identities, but not from using facilities that align with their identities. The state also has a “religious exemption” law for Child Welfare Services, though it has protections for LGBTQ+ youth in the Child Welfare System.

Healthcare access and rights: South Dakota has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Health insurance companies, including Medicaid, are not required to provide coverage related to gender transition or fertility treatments, and state employees are not permitted trans-inclusive benefits.

Criminal justice: South Dakota‘s hate crime laws do not encompass sexual orientation and gender identity, and it has not banned the so-called “LGBTQ+ panic” defense. It has an HIV criminalization law that may require sex offender registration.

Tennessee

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Pride Parade on Beale Street in Memphis, Tennessee (September 28, 2018)

Nondiscrimination laws: Tennessee does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending. It instead bans cities and local ordinances from passing nondiscrimination laws. State code incorrectly defines sex as exclusively male or female, and it does not allow updating gender markers on driver’s licenses or birth certificates. The state has a broad “religious exemption” law that even allows officials to deny marriage licenses based on their personal beliefs. It has also explicitly restricted drag performances.

Marriage equality and parental rights: Tennessee’s adoption or foster care nondiscrimination protections encompass sexual orientation and gender identity. However, it does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Tennessee requires that parents be notified of LGBTQ+ curricula so they can opt out. It has banned trans students from participating in sports based on their identities and from using facilities that align with their identities. The state requires staff to forcibly out LGBTQ+ students to their guardians. The state also has a “religious exemption” law for Child Welfare Services, though it has protections for LGBTQ+ youth in the Child Welfare System.

Healthcare access and rights: Tennessee has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for all ages, and insurance companies are not required to cover fertility treatments. The state also has a “religious exemption” law for healthcare providers, and state employees are not permitted trans-inclusive benefits.

Criminal justice: Tennessee’s hate crime laws encompass sexual orientation and gender identity, though it has not banned the so-called “LGBTQ+ panic” defense, and it has an HIV criminalization law that may require sex offender registration.

Texas

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Rainbow crosswalk outside Neon Grotto nightclub in Austin, Texas (May 29, 2024)

Nondiscrimination laws: Texas has nondiscrimination laws in employment and for state employees, but not in housing, public accommodations, credit/lending, education, nor health care. The state does not allow updating gender markers on driver’s licenses or birth certificates, and it has a broad “religious exemption” law.

Marriage equality and parental rights: Texas does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It does not have second-parent adoption for unmarried couples, confirmatory adoption, nor recognition for parents using assisted reproductive technologies. It also does not have family leave laws that encompass LGBTQ+ people.

Education and youth policies: Texas has a weaker version of a “Don’t Say Gay” law that restricts the discussion of “homosexuality” in specific school subjects. It has banned trans students from participating in sports based on their identities, but not from using facilities that align with their identities. The state also has a “religious exemption” law for Child Welfare Services without protections for LGBTQ+ youth.

Healthcare access and rights: Texas has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Medicaid is forbidden from providing coverage related to gender transition for all ages, and insurance companies are not required to cover fertility treatments. State employees are not permitted trans-inclusive benefits.

Criminal justice: Texas’s hate crime laws only encompass sexual orientation, not gender identity. It has not banned the so-called “LGBTQ+ panic” defense.

Wyoming

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Double rainbow against a black sky in Wyoming

Nondiscrimination laws: Wyoming does not have nondiscrimination laws in employment, housing, health care, education, public accommodations, or credit/lending.

Marriage equality and parental rights: Wyoming does not have adoption or foster care nondiscrimination protections for LGBTQ+ parents. It does not have second-parent adoption for unmarried couples, nor confirmatory adoption. It also does not have family leave laws that encompass LGBTQ+ people. However, it does have recognition for parents using assisted reproductive technologies.

Education and youth policies: Wyoming has a weaker version of a “Don’t Say Gay” law that restricts the discussion of “homosexuality” in specific school subjects. It has banned trans students from participating in sports based on their identities, but not from using facilities that align with their identities.

Healthcare access and rights: Wyoming has banned life-saving gender-affirming care for youth, though it permits the discredited and harmful practice of so-called conversion therapy for youth. Health insurance companies, including Medicaid, are not required to provide coverage related to gender transition or fertility treatments.

Criminal justice: Wyoming’s hate crime laws do not encompass sexual orientation and gender identity, and it has not banned the so-called “LGBTQ+ panic” defense.

Dishonorable mentions

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People carry large balloon letters that spell out “Proud” as they walk in the annual pride parade in Atlanta, Georgia (October 15, 2023)

Other states that ranked below average include: Alaska, Arizona, Georgia, Iowa, Kansas, Kentucky, Nebraska, North Carolina, North Dakota, Ohio, Utah, and West Virginia.

July 15, 2025 0

GOP bill could ban hairdressers from giving gender-nonconforming haircuts to minors

*This is being reported by LGBTQNation.

A bill introduced by Republican lawmakers in Arkansas aims to intimidate anyone who supports or affirms young people’s social transition.

Earlier this month, Arkansas state Rep. Mary Bentley (R) introduced H.B. 1668, the “Vulnerable Youth Protection Act,” and Republican state Sen. Alan Clark introduced the Senate version. As the American Civil Liberties Union of Arkansas and local advocacy group Intransitive note, the anti-trans bill does not actually criminalize anything. Arkansas law banning gender-affirming care for minors was already struck down by a federal judge in 2023.

Instead, H.B. 1668 “weaponizes civil enforcement by permitting lawsuits against any person who supports trans young people by providing or helping to receive gender-affirming care or by affirming young people in their transition,” according to the ACLU of Arkansas. Minors or their parents can sue for minimum damages of $10,000 and up to $10 million in punitive damages for certain forms of medical care. The bill also allows Arkansas parents to sue people or medical providers outside of the state who help Arkansas youth access gender-affirming care.

Sadly, in 2025, state laws aimed at preventing minors from receiving gender-affirming healthcare — which every major American medical association has long been endorsed as evidence-based, safe, and in some cases lifesaving for trans and gender-nonconforming youth — are nothing new. But Arkansas’s proposed law goes an alarming step further in targeting anyone who might support or affirm a young person’s social transition.

The bill defines social transitioning as “any act by which a minor adopts or espouses a gender identity that differs from the minor’s biological sex … including without limitation changes in clothing, pronouns, hairstyle, and name.”

As the ACLU of Arkansas notes, if enacted, H.B. 1668 could lead to frivolous lawsuits against “hairdressers who cut a trans teen’s hair, teachers who use a student’s chosen name, and nonprofits that offer support.” Such lawsuits, the organization says, would be unlikely to hold up in court, as the First Amendment guarantees the right to free speech and free expression.

However, the law is clearly meant to chill support for trans and gender-nonconforming young people with the threat of costly lawsuits. Describing the bill as “state-mandated bullying,” the ACLU of Arkansas writes that “H.B. 1668 fosters a climate of fear, where doctors, teachers, and even parents risk financial ruin simply for supporting transgender youth. It is a blatant overreach of government power, attempting to control private decisions and to circumvent our constitutional rights, including free speech, religious exercise, due process, and equal protection.”

During a Tuesday, March 18, hearing before the Arkansas House Judiciary Committee, a representative from the state attorney general’s office expressed concern that, as written, H.B. 1668 could not be legally defended, citing the First Amendment’s free speech protections.

“Particularly as it comes to the conduct that other individuals are allowed to have towards minors that can be deemed to be aiding in their social transitioning — things like a haircut, even clothing, or even the use of pronouns,” he said, “That’s all speech. And so our concern there is that when you are criminalizing or, in this case, providing a civil cause of action for certain forms of speech, that has to pass a very, very high constitutional bar, and we have to be able to defend that in court. And we think of this bill as it currently is, we can’t do that.”

March 19, 2025 0

Arkansas Supreme Court Affirms Decision to Reject Abortion Rights Petitions | AP News

This blog originally appeared at AP News.

LITTLE ROCK, Ark. (AP) — On Thursday, the Arkansas Supreme Court upheld the state’s decision to reject petitions for an abortion rights ballot initiative, preventing the measure from appearing on the November ballot.

The ruling is a setback for organizers seeking a constitutional amendment in the heavily Republican state, where opposition to abortion is widely supported by top leaders.

Election officials ruled that Arkansans for Limited Government failed to meet state legal requirements, primarily because they submitted documents related to paid signature gatherers separately instead of as one bundle. The group argued they should have been allowed more time to submit any additional required documents.

“We find that the Secretary correctly refused to count the signatures collected by paid canvassers because the sponsor failed to file the paid canvasser training certification” in the proper manner required by law, Justice Rhonda Wood wrote in the 4-3 majority opinion.

A dissenting justice argued that the decision undermines Arkansans’ rights and essentially alters the state’s initiative process.

“Why are the respondent and the majority determined to keep this particular vote from the people?” wrote Justice Karen Baker, who is currently running against Wood for chief justice. “The majority has succeeded in its efforts to change the law in order to deprive the voters of the opportunity to vote on this issue, which is not the proper role of this court.”

Since the U.S. Supreme Court’s 2022 decision overturning the nationwide right to abortion, efforts have been made to let voters determine the issue state by state. On Tuesday, Montana became the eighth state to place an abortion measure on the ballot for this fall.

Supporters of abortion rights have prevailed in all seven states where abortion questions have gone before voters since Roe v. Wade was overturned.

In a statement, Arkansans for Limited Government called the ruling “a dark day in Arkansas.”

“This effort has generated a wave of fiercely engaged Arkansas women,” the group stated. “We are outraged. We will not back down. And we will remember this in November.”

Republican Gov. Sarah Huckabee Sanders took credit for the ruling on Thursday: “Proud I helped build the first conservative Supreme Court majority in the history of Arkansas, and today that court upheld the rule of law, and with it, the right to life,” she posted on X.

Arkansas currently enforces a near-total abortion ban, allowing the procedure only when the woman’s life is endangered by a medical emergency.

The proposed amendment would have blocked laws banning abortion within the first 20 weeks of pregnancy and permitted it afterward in cases of rape, incest, threats to the woman’s health or life, or if the fetus was unlikely to survive birth. However, it would not have established a constitutional right to abortion.

The ballot measure did not gain backing from major national abortion rights organizations like Planned Parenthood, as it still allowed abortion to be banned after 20 weeks—an earlier cutoff compared to other states where the procedure remains legal.

Had all the signatures been verified, the more than 101,000 signatures submitted by the July 5 deadline would have been enough to qualify the measure for the ballot. The threshold was 90,704 signatures from registered voters across at least 50 counties.

In a prior court filing, election officials stated that 87,675 of the signatures were collected by volunteers. However, they could not determine if 912 signatures came from volunteers or paid canvassers. The court’s majority ruled that only signatures gathered by volunteers could be counted, resulting in the campaign falling short of the required number.

“This is a win for the rule of law in Arkansas and for those who have followed the rules for years to participate in the state’s ballot initiative process,” said Republican Attorney General Tim Griffin, who represented the secretary of state’s office.

Arkansans for Limited Government and election officials clashed over whether the petitions complied with a 2013 state law that requires campaigns to identify each paid canvasser by name and confirm that they were informed of the rules for gathering signatures.

Supporters of the measure argued that they had followed the law regarding their documentation, including identifying each paid signature gatherer. They also claimed that the abortion petitions were being treated differently compared to other initiative campaigns this year, citing similar filings by two other groups.

State records indicate that on June 27, the abortion campaign submitted a signed affidavit with a list of paid canvassers and a statement affirming that the petition rules had been explained to them. Additionally, the July 5 submission included affidavits from each paid worker, acknowledging that the group had provided them with all the rules and regulations required by law.

The state argued in court that the documentation was non-compliant because it was signed by someone from the canvassing company, rather than a representative of the initiative campaign. The court did not issue a ruling on this specific point.

However, the majority on Thursday emphasized that the required documents needed to be submitted as one bundle to ensure that “the Secretary has all the necessary information together and organized when he begins the process.”

The court also noted that the June 27 filing did not account for 74 of the paid gatherers used by the abortion campaign.

In a separate dissent, Chief Justice Dan Kemp argued that the court should have instructed the state to count all of the signatures and appointed a special master to examine the contested facts.

“This case presents an anomaly in Arkansas jurisprudence,” Kemp wrote.

https://apnews.com/article/abortion-ballot-arkansas-supreme-court-48c208d49d82b467fbcc4b9c2724617a

August 22, 2024 0

Judge blocks Arkansas law allowing librarians to be criminally charged over ‘harmful’ materials

This blog originally appeared at AP News.

In a recent court decision, a judge has blocked an Arkansas law that would have allowed librarians to be criminally charged if they provide access to “harmful” materials to minors. The law, which was set to take effect, has been met with widespread criticism from free speech advocates and library associations, who argue that it infringes on First Amendment rights and imposes undue censorship on public libraries.

FILE – Nate Coulter, executive director of the Central Arkansas Library System (CALS), looks at a book in the main branch of the public library in downtown Little Rock, Ark., on May 23, 2023. Arkansas is temporarily blocked from enforcing a law that would have allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors, a federal judge ruled Saturday, July 29.

LITTLE ROCK, Ark. (AP) — Arkansas is temporarily blocked from enforcing a law that would have allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors, a federal judge ruled Saturday.

U.S. District Judge Timothy L. Brooks issued a preliminary injunction against the law, which also would have created a new process to challenge library materials and request that they be relocated to areas not accessible by kids. The measure, signed by Republican Gov. Sarah Huckabee Sanders earlier this year, was set to take effect Aug. 1.

A coalition that included the Central Arkansas Library System in Little Rock had challenged the law, saying fear of prosecution under the measure could prompt libraries and booksellers to no longer carry titles that could be challenged.

The judge also rejected a motion by the defendants, which include prosecuting attorneys for the state, seeking to dismiss the case.

The ACLU of Arkansas, which represents some of the plaintiffs, applauded the court’s ruling, saying that the absence of a preliminary injunction would have jeopardized First Amendment rights.

“The question we had to ask was — do Arkansans still legally have access to reading materials? Luckily, the judicial system has once again defended our highly valued liberties,” Holly Dickson, the executive director of the ACLU in Arkansas, said in a statement.

The lawsuit comes as lawmakers in an increasing number of conservative states are pushing for measures making it easier to ban or restrict access to books. The number of attempts to ban or restrict books across the U.S. last year was the highest in the 20 years the American Library Association has been tracking such efforts.

Laws restricting access to certain materials or making it easier to challenge them have been enacted in several other states, including Iowa, Indiana and Texas.

Arkansas Attorney General Tim Griffin said in an email Saturday that his office would be “reviewing the judge’s opinion and will continue to vigorously defend the law.”

The executive director of Central Arkansas Library System, Nate Coulter, said the judge’s 49-page decision recognized the law as censorship, a violation of the Constitution and wrongly maligning librarians.

“As folks in southwest Arkansas say, this order is stout as horseradish!” he said in an email.

“I’m relieved that for now the dark cloud that was hanging over CALS’ librarians has lifted,” he added.

Cheryl Davis, general counsel for the Authors Guild, said the organization is “thrilled” about the decision. She said enforcing this law “is likely to limit the free speech rights of older minors, who are capable of reading and processing more complex reading materials than young children can.”

The Arkansas lawsuit names the state’s 28 local prosecutors as defendants, along with Crawford County in west Arkansas. A separate lawsuit is challenging the Crawford County library’s decision to move children’s books that included LGBTQ+ themes to a separate portion of the library.

The plaintiffs challenging Arkansas’ restrictions also include the Fayetteville and Eureka Springs Carnegie public libraries, the American Booksellers Association and the Association of American Publishers.

click here to see full blog: https://apnews.com/article/libraries-books-bans-arkansas-758f28c04c573d03b869ad2738e2b06d

August 28, 2023

Judge Strikes Down Arkansas Ban On Gender-Affirming Care For Trans Youth

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

July 24, 2023

[The Washington Post] Historic surge in bills targeting transgender rights pass at record speed

This blog originally appeared at The Washington Post.

GOP state lawmakers in red states engage in an extraordinary crackdown on transgender civil liberties this year

According to an analysis by The Washington Post, this year’s state legislative sessions in the United States have seen a record number of bills targeting LGBTQ rights, particularly transgender rights. These bills have been introduced and passed into law at a higher rate than ever before in U.S. history.

Some notable examples include Iowa’s ban on transgender female athletes from participating in high school and college sports. This law also allows cisgender female athletes to sue school districts if they fail to comply with the ban. Utah has enacted a law prohibiting transgender youth from changing their gender markers on identification cards and birth certificates. Arkansas has granted transgender adults up to 15 years to file a medical malpractice lawsuit against their doctors for gender-affirming care received during their time as minors.

These laws, along with others, are set to take effect in the coming months. In total, at least 29 bills targeting transgender rights have become law in 14 states so far this year, surpassing the previous record of 20 such bills in 12 states from last year. It’s important to note that all these bills have been signed into law by Republican governors or enacted by GOP legislatures overriding vetoes from Democratic governors.

The analysis also reveals that a total of 408 similar bills have been introduced in 45 states this year, compared to 156 bills in 35 states last year, indicating a significant increase in legislative efforts targeting transgender rights.

Protesters hold signs as they chant for and against a bill that would make Minnesota a transgender refuge state and strengthen protections for kids and their families who come to the state for gender-affirming care, in March. (Trisha Ahmed/AP)

“LGBTQ people are under fire, unlike possibly ever before and across virtually every aspect of our lives,” said Logan S. Casey, who serves as a senior researcher at Movement Advancement Project, which tracks the legislation. “This is part of a very clear and identifiable national effort in state legislatures that is and has been going on for years — and it’s really culminating this year.”

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June 5, 2023