Arkansas Becomes First State to Ban Youth Gender-Affirming Treatment
The state of Arkansas has become the first in the US to outlaw certain medical treatments for transgender persons under the age of 18. House Bill 1570 became law on Tuesday, April 6, but only after the state’s legislature voted to override Republican Gov. Asa Hutchinson’s veto of the bill the day before.
The “Save Adolescents From Experimentation Act” will bar medical professionals from offering surgery, puberty blockers, or other gender-confirming hormones or treatment to persons under the age of 18, or from offering a referral to doctors who can provide such treatment. The bill does not clarify what should happen to those minors in the state who are currently undergoing gender-affirming medical treatment. The bill does include an exception for persons who experienced problems with previous gender-affirming treatment, as well as certain intersex persons with atypical chromosomal makeup and hormone production.
When vetoing the bill, Gov. Hutchinson stated that he found the bill to be “a product of the cultural war in America.” “I don’t shy away from the battle when it is necessary and defensible,” he explained, “but the most recent action of the General Assembly, while well intended, is off course.” Gov. Hutchinson went on to state that that the bill created "new standards of legislative interference with physicians and parents as they deal with some of the most complex and sensitive matters involving young people." He also criticized the fact that the bill made no arrangements for those currently undergoing gender-affirming medical treatment. Having said that, Gov. Hutchinson accurately predicted that the legislature would nevertheless override his veto.
Supporters of the bill argued that it protects children from making irreversible decisions about their gender identity at a young age, arguing that “the risks of gender transition procedures far outweigh any benefit at this stage of clinical study on these procedures.”
This conclusion is unsupported by the majority of medical professionals in the field. A 2019 statement from the American Academy of Child and Adolescent Psychiatry pointed out that “Blocking access to timely care has been shown to increase youths’ risk for suicidal ideation and other negative mental health outcomes.”
Numerous groups came out against the bill before its passage, and many are now vowing to challenge the law in court. Both the American Psychiatric Association and American Academy of Pediatrics came out in opposition to the bill, as did many LGBTQ groups such as The Trevor Project and American Civil Liberties Union (ACLU). Holly Dickson, executive director of ACLU of Arkansas, said, “This is a sad day for Arkansas, but this fight is not over – and we’re in it for the long haul."
The law is one of many advancing across the country in conservative-leaning states targeting the trans community, namely trans youth. States including Tennessee and South Dakota have recently instituted bans on the participation in women’s sports by trans women who were labeled with the sex of “male” at birth. This is despite the fact that natural hormonal variations affecting strength and athleticism exist even within persons labeled with the same sex at birth. At least 16 other states across the country are currently considering bills such as the one that just became law in Arkansas, including Alabama and Tennessee.
The Human Rights Campaign’s president, Alphonso David, believes these anti-trans laws’ unconstitutionality will lead to their demise. In a statement released by David, he noted, "These orders cannot withstand legal scrutiny. Transgender kids are kids, and they deserve the right to live full lives free from abuse, stigmatization, and danger."
