Several Arkansas families and doctors are suing Arkansas Attorney General Leslie Rutledge and members of the state’s medical board over a recently passed law that bans health care specialists from providing transition-related care to transgender children.
The law, which was passed in April after the state legislature voted to override a veto by Gov. Asa Hutchinson, is the first law in the nation to ban trans health care for youth in this way.
Two physicians who provide transition-related care to children, as well as four transgender youth and their parents, are being represented by the American Civil Liberties Union (ACLU) in their suit against Rutledge and the medical board members. Rutledge, in an email to NBC News, said she would “aggressively defend Arkansas’s law.”
Holly Dickson, executive director for the ACLU of Arkansas, said in a statement that the law “would be devastating to trans youth and their families” and would cause many families in the state to have to choose between living there or moving to a different area of the U.S. where better health options for their children were available.
“We’re suing to stop this cruel and unconstitutional law from taking effect and inflicting further harm on these children and their families,” Dickson added.
Amanda Dennis, a mother of a 9-year-old transgender girl who is negatively impacted by the law, explained why she and her family were part of the lawsuit.
“Our child has known exactly who she is since she was 2 years old. 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,” Dennis said. “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.”
“We have told all of our children that we will always protect them,” Dennis added, “but this law stands in the way of our child getting the medical care she will desperately need.”
The lawsuit alleges that transgender children “will be unable to obtain medical care that their doctors and parents agree they need — and those already receiving care will have their treatment abruptly halted — which could have serious and potentially life-threatening consequences.”
In the legal brief filed in the U.S. District Court for the Eastern District of Arkansas, the ACLU noted weeks after the legislation was passed into law, at least six transgender adolescents in the state attempted suicide.
The new law “violates the Equal Protection Clause of the Fourteenth Amendment because it discriminates on the basis of sex and transgender status by prohibiting certain medical treatments only for transgender patients and only when the care is ‘related to gender transition,'” the lawsuit goes on to say. “This discrimination cannot be justified under heightened scrutiny or any level of equal protection scrutiny.”
In addition to the Equal Protection clause, the ACLU further states that the law violates the due process clause of the 14th Amendment, limiting the rights of parents to seek health care options for their children, as well as the First Amendment speech rights of health care providers, who cannot refer parents to treatment options “in accordance with the accepted medical standards of care.”
Many health care organizations have rallied in support of trans adolescents’ and children’s right to access transition-related care, with many voicing strong opposition to a number of laws across the country that would enact similar restrictions that the Arkansas law seeks to do.
“Politics has no place here. These are individual conversations between clinicians, patients and families about what’s best,” said American Academy of Pediatrics CEO and Executive Vice President Mark Del Monte in a statement in March.
So far in 2021, hundreds of bills sponsored by Republican lawmakers in dozens of state legislatures across the country seek to severely curtail transgender children’s rights to receive adequate care, while other proposed bills aim to limit trans children’s ability to play in school sports. As of May 7, 17 such bills have been signed into law — more anti-LGBTQ legislation than was enacted in the previous three years combined.
And the bills keep coming. On Wednesday, Republican lawmakers in two more states held legislative hearings on multiple anti-trans proposals.. “Anti-trans bills still alive in Wisconsin and Louisiana with hearings TODAY,” noted transgender rights activist Chase Strangio on Twitter.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $93,000 in one-time donations and to add 1295 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy