The U.S. Eighth Circuit Court of Appeals on Tuesday (Aug. 12) rejected a lower court’s action to block enactment of the Save Adolescents From Experimentation Act (SAFE Act) that was passed by the Arkansas Legislature in 2021.
The law was approved by overwhelming margins in the Arkansas House and Senate, but then-Gov. Asa Hutchinson vetoed the measure saying it was “overbroad” and “a vast government overreach.” The legislature overrode his veto, putting the law in effect before it was challenged in court.
Supporters of the SAFE Act claimed that minors under 18 were too young for potentially life-changing medical decisions related to their gender. Opponents argued the medical care was necessary for physical and mental health and that government should not be involved in doctor-patient decisions.
A federal lawsuit was brought by several families of transgender children who claimed the SAFE Act violated the 14th Amendment right to equal protection under the law and their 1st Amendment right to free speech. The defendants included then-Arkansas Attorney General Leslie Rutledge and members of the Arkansas Medical Board.
U.S. District Judge Jay Moody in June 2023 blocked enactment of the law. Arkansas Attorney General Tim Griffin appeal of Moody’s ruling is what the Eighth District ruled on.
Griffin said Tuesday the appeals court decision will protect children from “lifelong consequences” of “risky’ gender-affirming care.
“The Eighth Circuit held that Arkansas’s SAFE Act is constitutional. That law prohibits healthcare providers from performing gender-transition surgeries on minors or providing them puberty blockers or cross-sex hormones,” Griffin said in a statement. “I applaud the court’s decision recognizing that Arkansas has a compelling interest in protecting the physical and psychological health of children and am pleased that children in Arkansas will be protected from risky, experimental procedures with lifelong consequences.”
Holly Dickson, executive director of the American Civil Liberties Union of Arkansas, called the decision tragic. The ACLU provided legal representation for the families who challenged the SAFE Act.
“This is a tragically unjust result for transgender Arkansans, their doctors, and their families,” Dickson said in a statement. “The state had every opportunity and failed at every turn to prove that this law helps children; in fact, this is a dangerous law that harms children. The law has already had a profound impact on families across Arkansas who all deserve a fundamental right to do what is best for their children. As we and our clients consider our next steps, we want transgender Arkansans to know they are far from alone and we remain as determined as ever to secure their right to safety, dignity, and equal access to the health care they need.”