Federal judge strikes Arkansas' first-in-the-nation ban on gender-affirming care for children as unconstitutional, the first ruling to overturn such a prohibition.
FILE - Dylan Brandt speaks at a news conference outside the federal courthouse in Little Rock, Ark., July 21, 2021. Brandt, a teenager, is among several transgender youth and families who are plaintiffs challenging a state law banning gender confirming care for trans minors. A federal judge struck down Arkansas' first-in-the-nation ban on gender-affirming care for children as unconstitutional Tuesday, June 20, 2023.
In his order, Moody ruled that the prohibition violated the due process and equal protection rights of transgender youth and families. He said the law also violated the First Amendment rights of medical providers by prohibiting them from referring patients elsewhere. The ruling affects only the Arkansas ban but may carry implications for the fates of similar prohibitions, or discourage attempts to enact them, in other states.do not hold up to scrutiny; it hurts trans youth and must end," said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas. "Science, medicine, and law are clear: gender-affirming care is necessary to ensure these young Arkansans can thrive and be healthy.
The state has argued that the prohibition is within its authority to regulate the medical profession. People opposed to such treatments for children argue they are too young to make such decisions about their futures. Major medical groups, including the American Medical Association and the American Academy of Pediatrics, oppose the bans and experts say treatments are safe if properly administered.
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