Charles Esther
A federal appeals court ruled this week that Arkansas can prohibit gender transition procedures for minors.
The decision reverses a lower court ruling that had blocked the law from taking effect.
The 8th Circuit Court of Appeals cited the state’s “compelling interest” in protecting the physical and psychological health of children.
Background of the SAFE Act
Arkansas passed the law in 2021, overriding then-Gov. Asa Hutchinson’s veto.
The legislation, called the Save Adolescents From Experimentation (SAFE) Act, prevents physicians and other healthcare professionals from providing gender transition procedures to anyone under 18.
A federal district judge struck down the law in 2023, claiming it violated minors’ constitutional rights to pursue treatments aligned with their gender identity.
Appeals Court Ruling
The appeals court emphasized that the law regulates procedures, not people.
It noted that the Supreme Court allows broad discretion for medical legislation, especially in areas of medical uncertainty.
The court also stated that parents do not have unlimited authority to make medical decisions for their children.
No “deeply rooted right” exists for parents to exempt children from regulations restricting gender transition procedures, the court added.
Responses from Arkansas Officials
Arkansas Attorney General Tim Griffin praised the ruling.
He said it recognizes the state’s role in protecting children from “risky, experimental procedures with lifelong consequences.”
Griffin highlighted the importance of safeguarding minors’ physical and psychological health.
Supreme Court Influence and Broader Context
The ruling follows the U.S. Supreme Court’s recent decision to uphold Tennessee’s ban on gender transition procedures for minors.
Chief Justice John Roberts stated that the question of banning such procedures should be left to elected representatives.
Justice Elena Kagan dissented, warning that such laws “undermine fundamental liberties” and set a precedent for state overreach.
National Implications
The rulings reflect a broader shift in U.S. transgender policy.
Some children’s hospitals have halted transgender surgeries on minors following federal regulatory changes and executive actions from former President Trump.
Trump also signed an executive order in January targeting “radical gender ideology” in the military, reversing Biden-era policies allowing transgender service members.
A CDC study published last year found that over 3% of U.S. high school students identify as transgender.
David Awoyode