Appeals court allows Arkansas to enforce gender-affirming care ban
A federal appeals court ruled Tuesday that Arkansas can enforce its 2021 ban on gender-affirming care for minors, reversing a lower court decision that struck down the first-in-the-nation law as unconstitutional and following a June Supreme Court decision.
The 8th U.S. Circuit Court of Appeals said Tuesday that a federal district court had erred in striking down Arkansas’s Save Adolescents From Experimentation (SAFE) Act in 2023. U.S. District Judge Jay Moody ruled at the time that the law, adopted by the state Legislature in 2021 after former Gov. Asa Hutchinson (R) vetoed it, discriminates against transgender people and poses “immediate and irreparable harm” to trans youth.
In its decision, the 8th Circuit said Moody’s ruling conflicts with the Supreme Court’s decision in U.S. v. Skrmetti, which found that a similar law banning gender-affirming care for minors in Tennessee does not discriminate on the basis of sex.
“Because the district court rested its permanent injunction on incorrect conclusions of law, it abused its discretion,” Judge Duane Benton, an appointee of former President George W. Bush, wrote in........© The Hill
