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Federal Judge Strikes Down Arkansas Ban on Gender-Affirming Care for Children, Citing Violation of Rights of Transgender Youth and Families

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Key takeaways:

  • Federal judge in Arkansas has struck down the state’s first-in-the-nation ban on gender-affirming care for children, ruling it unconstitutional.
  • Ruling violates due process and equal protection rights of transgender youth and families, and would cause “irreparable harm” to transgender youth.
  • Ruling is a victory for transgender rights advocates, and likely to have implications for other states considering similar bans.

A federal judge in Arkansas has struck down the state’s first-in-the-nation ban on gender-affirming care for children, ruling it unconstitutional. This is the first ruling to overturn such a prohibition as a growing number of Republican-led states adopt similar restrictions.

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. It would also have prohibited doctors from referring patients elsewhere for such care.

In his order, Moody ruled that the prohibition violated the due process and equal protection rights of transgender youth and families. He noted that the law would have caused “irreparable harm” to transgender youth, including “increased risk of suicide, depression, and social isolation.”

The ruling is being seen as a victory for transgender rights advocates, who have argued that such bans are unconstitutional and harmful to transgender children. The American Civil Liberties Union, which represented the plaintiffs in the case, said the ruling was a “victory for transgender youth and their families.”

The ruling is likely to have implications for other states considering similar bans. It remains to be seen whether other states will follow Arkansas’ lead in overturning such bans or if they will continue to pursue them.

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