Topline
A federal court on Tuesday blocked Arkansas’ ban on gender-affirming care for transgender children, after concluding the law was unconstitutional, joining other states that have had similar bans or restrictions held up by court rulings.
More than a dozen states have issued bans on gender-affirming care this year.
Timeline
U.S. District Judge Jay Moody issued a permanent injunction against an Arkansas law prohibiting in-state physicians from providing gender-affirming hormone treatment, puberty blockers or surgery to minors, arguing the law violated due process protections and equal protections rights of transgender youth (Moody temporarily blocked the law in 2021 after the ACLU sued, ahead of a trial).
An Indiana ban on gender-affirming care for minors was partially blocked by a preliminary injunction from Judge Patrick Hanlon, who ordered the state to refrain from enforcing its ban on “gender transition procedures” while a lawsuit makes its way through the court, though he upheld a ban on gender-reassignment surgeries.
District Judge Robert Hinkle—who argued “gender identity is real”—issued a preliminary injunction against Florida’s ban on gender-affirming care, suggesting such care is “medically necessary.”
Oklahoma Attorney General Gentner Drummond agreed not to enforce a state bill restricting access to gender-affirming care while a lawsuit requesting a preliminary injunction made its way through the court.
District Judge Liles Burke issued a preliminary injunction against an Alabama law that made it a felony to prescribe puberty blockers and hormones to transgender minors, following a complaint from the Justice Department, though it still allows a ban on gender-reassignment surgeries.
Tangent
Lawsuits have been filed in most states with legislation targeting gender-affirming care, with requests for temporary or permanent injunctions. The American Civil Liberties Union has sued over restrictions in Nebraska, Missouri, Oklahoma, Montana, Idaho, Kentucky and Arizona, and pledged to challenge similar legislation in other states. The ACLU also filed a lawsuit against Georgia in 2021, after the state approved a bill preventing access to gender-affirming care under Medicaid. The Georgia Department of Community Health later agreed to remove the exclusion. The Justice Department—which challenged Alabama’s ban—also filed a complaint against Tennessee and called for an injunction, arguing the state’s restrictions on gender-affirming care are unconstitutional.
Big Number
21. That’s how many states have issued bans or restrictions on gender-affirming care. Of these, 18 were passed this year.
Key Background
Legislation targeting transgender healthcare has been passed in several states in recent months, following arguments from some politicians—including former President Donald Trump—suggesting gender-affirming care is “child abuse.” Other politicians and medical organizations have since pushed back against attempts to ban gender-affirming care, arguing treatment is necessary because transgender children face high rates of depression and suicide. The American Medical Association—alongside other organizations like the American Academy of Pediatrics and the American College of Physicians—reinforced its position, suggesting “widespread misinformation” about medical care for transgender youth has resulted in more restrictions nationwide. The organization also argued gender-affirming care “can be life saving.”
Further Reading
Missouri Bans Gender-Affirming Care For Minors—Here Are All The States With Similar Bans Or Restrictions (Forbes)
Judge Strikes Down Arkansas’ Gender-Affirming Care Ban (Forbes)
