The Federal Court of Appeal confirms the ban on transition between the sexes of Arkansas for minors

A Federal Court of Appeal confirmed on Tuesday confirmed an arkansas law prohibiting doctors from providing gender transitional medical treatment to minors, reversing a lower court decision which blocked the first law in the nation.

The 8th Circuit Court of Appeals American ruled Tuesday at 8-2 to cancel a lower court decision, now allowing the State to enforce the law. The Court of Appeal quoted the decision of the Supreme Court of the United States in June, confirming a similar ban on Tennessee, in which the highest courtyard of the country judged that the law was constitutional and did not discriminate transgender persons.

By referring to the decision of the Supreme Court, the Court of Appeal agreed with the Attorney General of Arkansas, Tim Griffin, a republican, that the law did not violate the equal rights of protection of transgender minors under the American Constitution.

“I applaud the court’s decision and I am happy that the children of Arkansas are protected against experimental procedures,” Griffin said in a statement according to the decision.

The Federal Court rejects the challenge of the Oklahoma law prohibiting gender transition treatment for minors

A federal court of appeal has confirmed an arkansas law prohibiting doctors from providing medical treatment in gender transition to minors. (Allison Dinner / AFP via Getty Images)

The Republican Governor of Arkansas, Sarah Huckabee Sanders, wrote on social networks that the decision “is a victory for common sense – and for our children”.

Arkansas has become the first American state to ban transgender treatments such as puberty blockers, hormones and miners’ surgery in 2021, when the Legislative Assembly led by Republicans adopted the prohibition after having canceled the veto of the Governor of the time, Asa Hutchinson.

Four families of transgender children and two doctors challenged the law, arguing that the law for the safeguarding of adolescents of the experiment (SAFE) violated the rights of the regular procedure of parents under the fourteenth amendment of the American Constitution.

Writing the majority opinion, the judge of the American circuit Duane Benton said that the parents had never had the right to obtain medical treatment for their children that a government of the state had prohibited.

Four families of transgender children and two doctors challenged the law in 2021. (Andrea Ronchini / Nurphoto via Getty Images)

The judge also wrote that the decision of the lower court, in which the American district judge Jay Moody judged in 2023 that the law discriminated against transgender people and pose “immediate and irreparable damage” for transgender children, conflict with the decision of the Supreme Court in the Tennessee case. The law had also been prevented from taking effect in 2021.

The American circuit judge Jane Kelly, on the other hand, wrote in dissent that there was “a lack of surprising evidence connecting the arkansas ban on affirmative care in her alleged objective of protecting children”.

The American Civil Liberties Union and the American Civil Liberties Union of Arkansas were one of the groups representing the complainants.

Scotus rules on the prohibition of the State on gender transition “treatments” for minors in the historic case

The Republican Governor of Arkansas, Sarah Huckabee Sanders, described the decision “victory for common sense – and for our children”. (Anna Moneymaker / Getty Images)

“This is a tragically unfair result for the Transgender Arkansans, their doctors and their families,” said Holly Dickson, executive director of Aclu de l’Arkansas, in a statement.

“The state has had all the opportunities and failed every turn to prove that this law helps children; in fact, it is a dangerous law that harms children,” she continued. “The law has already had a profound impact on the families of Arkansas who all deserve a fundamental right to do what is best for their children. While we and our customers consider our next steps, we want the Transgender Arkansans to know that they are far from alone and that we remain as determined as to ensure their right to security, dignity and equal access to health care.”

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Tuesday’s decision comes after the 10th Circuit Court of Appeals in the United States ruled unanimously last week that a similar ban in Oklahoma is constitutional, also based on the decision of the Supreme Court on the law of Tennessee.

Reuters contributed to this report.