A US federal appeals court on Tuesday upheld an Arkansas law that bars doctors from performing sex change procedures on minors, including the use of puberty blockers, cross-sex hormones, and surgeries.
The 8-2 decision overturned a 2023 lower court ruling that had declared the law unconstitutional. The ruling comes after the US Supreme Court in June upheld a similar ban in Tennessee, finding that such laws are not discriminatory.
The appeals court sided with Arkansas Attorney General Tim Griffin, who argued the law does not violate the Equal Protection Clause of the US Constitution and does not infringe on parental rights to make medical decisions for their children. Writing for the majority, US Circuit Judge Duane Benton said there is no historical precedent for the claim that parents have the right to seek treatments the state deems inappropriate for minors.
“This court finds no such right in this Nation’s history and tradition,” Benton wrote.
Griffin praised the ruling in a statement, saying, “I applaud the court’s decision and am pleased that children in Arkansas will be protected from experimental procedures.”
Arkansas Governor Sarah Huckabee Sanders also welcomed the ruling, calling it “a win for common sense — and for our kids.”
Arkansas was the first state in the nation to enact a ban on transgender operations for children. Since then, at least 25 states have since adopted similar policies, according to NBC News. Just last week, the 10th Circuit Court of Appeals upheld a similar ban in Oklahoma, also citing the Supreme Court’s ruling.
