A group of transgender youth and doctors in Arkansas are challenging a state law that bans medical treatment and gender transitioning surgery for anyone under the age of 18, asking a federal court to block the “cruel” law from being enforced.
Arkansas became this year the first state to pass a law — over the governor’s veto — banning youth from receiving gender transitioning hormone treatment. Since then, Tennessee has passed a law banning youth from receiving hormone treatment for gender transitioning.
The Arkansas law also allows private insurance providers to deny coverage for gender transitioning treatment to individuals of all ages.
It goes into effect Jan. 28 unless a court issues an injunction, which transgender youth and medical providers requested this week, saying the ban runs afoul of their constitutional rights.
“This law would be devastating to trans youth and their families, forcing many to uproot their lives and leave the state to access the gender-affirming care they need,” said Holly Dickson, director of the American Civil Liberties Union of Arkansas, which is representing the youth. “No child should be cut off from the medical care they need or denied their fundamental right to be themselves — but this law would do both. We’re suing to stop this cruel and unconstitutional law from taking effect.”
The lawsuit was brought on behalf of four transgender youth and two pediatricians. One of the children, Brooke Dennis, is 9 years old. According to the lawsuit, she wants to begin gender transitioning treatment when she hits puberty but the new state law would infringe on her ability to receive the treatment.
“Our child has known exactly who she is since she was 2 years old,” said Amanda Dennis, who is Brooke’s mom. “She was a happy child and felt comfortable expressing herself, but when she began to feel pressure at school to pretend she is a boy, she began to really struggle. It was painful to watch our child in distress. Last year, when she told us she is a girl and would like to be called ‘Brooke’ and referred to using she and her pronouns, we supported her immediately and the cloud of sadness lifted and her smile came back.”
According to the ACLU, the Dennis family may move out of state if the law goes into effect.
The Arkansas law was passed in April, but Republican Gov. Asa Hutchinson vetoed the bill, saying it was too broad. The legislature overrode his veto, which prompted the ACLU’s lawsuit.
Republican lawmakers said the law is necessary to protect children.
“They need to get to be 18 before they make those decisions,” said Republican state Rep. Robin Lundstrum.
Arkansas Attorney General Leslie Rutledge, a Republican, told The Associated Press she would aggressively defend the law.
“I won’t sit idly by while radical groups such as the ACLU use our children as pawns for their own social agenda,” Ms. Rutledge said.
Health, The New York Today
