The Eighth Circuit Court of Appeals has upheld Arkansas’ 2021 ban on gender-affirming care for minors, reversing a lower court decision that had struck the law down as unconstitutional.
In its ruling on Tuesday (12 August), the appeals court found that the state can now enforce House Bill 1570 (HB1570) — the first statewide ban of its kind in the United States when passed. The Republican-led bill prohibits medical professionals from providing gender-affirming care to people under 18, including puberty blockers and hormone therapy, and imposes sanctions on those who do. It also bans gender-affirming surgeries for minors, though such procedures have not been performed on anyone under 15 in Arkansas.
From Injunction to Enforcement
In 2021, four families of transgender children and two healthcare providers filed suit, arguing the ban violated their constitutional rights. A preliminary injunction had blocked enforcement since July 2021. In 2023, U.S. District Judge Jay Moody issued a permanent injunction, stating the law violated the equal protection rights of trans youth.
However, the Eighth Circuit’s decision cites a conflict with the Supreme Court’s ruling in United States v. Skrmetti, which upheld a similar Tennessee ban, finding it did not discriminate on the basis of sex.
Judge Duane Benton wrote:
“Because the district court rested its permanent injunction on incorrect conclusions of law, it abused its discretion. The judgment is reversed and the case remanded for proceedings consistent with this opinion.”
Advocacy Groups Condemn Ruling
Holly Dickson, executive director of the ACLU of Arkansas, condemned the decision:
“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.”
She added that the ban has already had “a profound impact” on families across Arkansas, all of whom “deserve a fundamental right to do what is best for their children.”
