A federal appeals court on Tuesday upheld an Arkansas law that bans gender-affirming care for individuals under the age of 18.
The Eighth Circuit Court of Appeals affirmed Act 626 of 2021 — also known as the “Save Adolescents from Experimentation Act” — which prohibits physicians and other healthcare providers from performing gender transition procedures, including surgery, on minors.
The law was challenged by the American Civil Liberties Union (ACLU) on behalf of four transgender youth, their families, and two doctors. The plaintiffs argued the measure violated the First and 14th Amendments.
According to reports, the appeals court ruled the act “classifies based upon age and medical procedure, not sex,” and concluded that states are “permitted to regulate medical procedures for the public good.”
“This is a tragically unjust result for transgender Arkansans, their doctors, and their families,” said Holly Dickson, executive director of the ACLU of Arkansas, in a statement following the decision. “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.”
Arkansas became the first state in the nation to enact such a ban when the law was passed in 2021.
