Appeal expected following judge’s decision to overrule Arkansas trans youth treatment ban
LITTLE ROCK, Ark. – News of the recent decision to strike down Arkansas’s ban on gender-affirming care for minors is circulating across the country.
State Rep. Robin Lundstrum (R-District 18) told KARK 4 News this decision allows their side to get the ball rolling on fighting back.
“I was ecstatic that it finally happened,” Lundstrum said.
Lundstrum has argued for a few years now that the treatments for minors are harmful and result in serious side effects, physically and mentally. Her law – banning gender-affirming care for youth – was first blocked temporarily in 2021. It is now permanently blocked, seven months after the trial in November.
Its path to becoming law in the first place also had roadblocks. Former Governor Asa Hutchinson vetoed the legislation back in 2021 after it passed through the State House and Senate. At the time he said, “If (the bill) becomes law, then we are creating new standards of legislative interference with physicians and parents as they deal with some of the most complex and sensitive matters involving young people.”
The state legislature ultimately chose to override that veto.
On Tuesday, ACLU Policy Director Sarah Everett said the ruling felt like a relief for the organization and plaintiffs.
“Our hope is that it sends the message to other politicians and courts across the country that this care is essential to trans youth,” Everett said. “This was the first time a court has had a full trial on the issue meticulously examining evidence from both sides.”
U.S. District Judge James Moody’s ruling noted that the law violated the first amendment rights of medical providers, equal protection rights and due process.
“I don’t buy that at all,” Lundstrum said. “This is about children’s ability to give consent.”
Plaintiffs in the lawsuit were unavailable Wednesday for an interview, though a spokesperson for ACLU sent statements from them.
Parent Lacey Jennen expressed that the ruling was a relief for her family.
“Today’s ruling is an enormous relief for my family, my daughter Sabrina, and all young Arkansans like her. We got involved in this case to defend Sabrina’s right to happiness, truth, and confidence in her own future as a young transgender woman,” Jennen said. “We’re so grateful the court saw all that was at stake in this case and ultimately decided to listen to the very people with the most interest in Sabrina’s well-being: her family, her healthcare providers, and most importantly – herself.”
Plaintiff Donnie Ray Saxton also expressed his feelings on the matter.
“We’ve been blessed with a strong and supportive community because that is what being an Arkansan has always been about, and this ruling solidifies that we deserve to be able to raise our families here,” Saxton said. “I am so proud of Parker as well as all of the support that has been there assuring him that he is worth fighting for and helping him become the bright and hopeful young adult that he is today. The thought of anyone trying to take that away is something that no family should endure.”
Another parent, Amanda Dennis, said the ruling offers her daughter a better future.
“Today’s decision offers my transgender daughter Brooke a brighter future, one where she could have the same chance to thrive as any other kid her age. Brooke is smart, creative, compassionate, and brave, but no child should have to fight so hard just for the right to grow up. I’ve always promised my children that i would do whatever was necessary to make sure they have every opportunity to lead healthy, fulfilling lives,” Dennis said. “We’re overjoyed with today’s result and hope it’s the first step to a future where all transgender children know they are deserving of support, care, and love.”
Dylan Brandt shared thoughts on the impact of the ruling.
“I’m so grateful the judge heard my experience of how this health care has changed my life for the better and saw the dangerous impact this law could have on my life and that of countless other transgender people. My mom and I wanted to fight this law not just to protect my own rights, but also the rights of all transgender people told they can’t live their truth,” Brandt said. “Transgender kids across the country are having their own futures threatened by laws like the one that threatened mine, and it’s up to all of us to speak out, fight back, and give them hope.”
Attorney General Tim Griffin vowed to appeal the decision in the eight circuit in a statement he shared online.
“I am disappointed in the decision that prevents our state from protecting our children against dangerous medical experimentation under the moniker of ‘gender transition,’” Griffin said. “Unfortunately, Judge Moody misses what is widely understood across the United States and in the United Kingdom and European countries: there is no scientific evidence that any child will benefit from these procedures, while the consequences are harmful and often permanent. I will continue fighting as long as it takes to stop providers from sterilizing children.”
The ACLU of Arkansas also released a statement in response to this plan for appeal.
Source: KARK
