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'''Arkansas House Bill 1570''' ('''HB 1570'''), also known as the '''Save Adolescents From Experimentation (SAFE) Act''', is a law in the state of [[Arkansas]] that bans the provision of [[Transgender health care|gender affirming medical procedures]] for [[transgender youth|transgender people under 18]]. The law also bans the use of public funds for and prohibits insurance from covering gender transition procedures.
'''Arkansas House Bill 1570''' ('''HB 1570'''), also known as the '''Save Adolescents From Experimentation (SAFE) Act''', is a law in the state of [[Arkansas]] that bans the provision of [[Transgender health care|gender affirming medical procedures]] for [[transgender youth|transgender people under 18]]. The law also bans the use of public funds for and prohibits insurance from covering gender transition procedures. The bill was introduced in February 2021, and passed through the [[Arkansas General Assembly]] by March; governor [[Asa Hutchinson]] vetoed the measure in April, but was overridden by the legislature. The law will take effect in summer 2021; the [[American Civil Liberties Union]] filed a federal lawsuit challenging the act in May.


Supporters of the bill claimed that gender transition procedures are experimental and that their long-term effects have not been established. National medical organizations opposed the measure, including the [[American Medical Association]], the [[American Psychological Association]], and the [[American Academy of Pediatrics]], disputing claims that gender-affirming healthcare is experimental and harmful; some op-eds and LGBT organizations have alleged that the bill represents anti-transgender beliefs by its supporters. Governor Hutchinson said he feared the measure would set "new standards of legislative interference" and represented "vast government overreach".<ref name=":6" />
At the earliest, the law will come into effect in July 2021, though it is expected to be challenged in court.<ref name=":1">{{cite web|last=DeMillo|first=Andrew|date=April 6, 2021|title=Arkansas Lawmakers Enact Transgender Youth Treatment Ban|url=https://www.bloomberg.com/news/articles/2021-04-06/arkansas-lawmakers-enact-transgender-youth-treatment-ban|url-status=live|access-date=April 6, 2021|website=[[Bloomberg News]]}}</ref>


==Provisions==
==Provisions==
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HB 1570 also bans the use of public funds for and prohibits insurance from covering gender transition procedures.<ref name=":5" />
HB 1570 also bans the use of public funds for and prohibits insurance from covering gender transition procedures.<ref name=":5" />


==Passage==
==History==
HB 1570 was [[First Reading|first read]] in the [[Arkansas House of Representatives]] on February 25, 2021.<ref name=":0">{{Cite web|title=HB1570 Bill Information|url=https://www.arkleg.state.ar.us/Bills/Detail?id=hb1570&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> Following its [[Second Reading|second reading]] on the same day, the bill was referred to the House's Public Health, Welfare and Labor Committee, who passed the bill on March 9.<ref name=":0" /> HB 1570 passed the House 70–22 following its [[third reading]] on March 10, with 8 representatives non-voting.<ref name=":0" /><ref>{{Cite web|date=March 10, 2021|title=HB1570 House Vote|url=https://www.arkleg.state.ar.us/Bills/Votes?id=HB1570&rcs=2294&chamber=House&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> Following its first and second readings in the [[Arkansas Senate]] on March 10, the bill was referred to the Senate's Public Health, Welfare and Labor Committee, who passed the bill on March 22.<ref name=":0" /> The Senate voted 28–7 to pass the bill following its third reading on March 29.<ref name=":0" /><ref>{{Cite web|date=March 29, 2021|title=HB1570 Senate Vote|url=https://www.arkleg.state.ar.us/Bills/Votes?id=HB1570&rcs=2489&chamber=Senate&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> Governor [[Asa Hutchinson]] vetoed the bill on April 5, saying he feared it would set "new standards of legislative interference" and represented "vast government overreach".<ref>{{cite web|author1=Vanessa Romo|date=5 April 2021|title=Arkansas Governor Vetoes Ban On Gender-Affirming Care For Trans Youth|url=https://www.npr.org/2021/04/05/984555637/arkansas-governor-vetoes-anti-transgender-treatment-ban-for-minors?t=1617746998752|access-date=6 April 2021|website=[[NPR]]}}</ref><ref>{{cite web|author1=Samantha Schmidt|date=5 April 2021|title=Arkansas governor vetoes bill banning medical treatments for transgender youths|url=https://www.washingtonpost.com/dc-md-va/2021/04/05/trans-healthcare-arkansas-governor-veto/|access-date=6 April 2021|website=[[The Washington Post]]}}</ref> The state legislature overrode the governor's veto the next day, with the House voting 71–24 with 3 representatives non-voting,<ref>{{Cite web|date=April 6, 2021|title=HB1570 House Vote|url=https://www.arkleg.state.ar.us/Bills/Votes?id=HB1570&rcs=2666&chamber=House&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> and the Senate voting 25–8 to pass the bill.<ref>{{cite web|author1=Meredith Deliso|date=6 April 2021|title=Arkansas state legislature overrides governor's veto on transgender health care bill|url=https://abcnews.go.com/US/arkansas-state-legislature-overrides-governors-veto-transgender-health/story?id=76904369|access-date=6 April 2021|website=[[ABC News]]}}</ref>
HB 1570 was first read in the [[Arkansas House of Representatives]] on February 25, 2021.<ref name=":0">{{Cite web|title=HB1570 Bill Information|url=https://www.arkleg.state.ar.us/Bills/Detail?id=hb1570&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> Following its second reading on the same day, the bill was referred to the House's Public Health, Welfare and Labor Committee, who passed the bill on March 9.<ref name=":0" /> The bill passed the House 70–22 following its third reading on March 10, with 8 representatives non-voting.<ref name=":0" /><ref>{{Cite web|date=March 10, 2021|title=HB1570 House Vote|url=https://www.arkleg.state.ar.us/Bills/Votes?id=HB1570&rcs=2294&chamber=House&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> Following its first and second readings in the [[Arkansas Senate]] on March 10, HB 1570 was referred to the Senate's Public Health, Welfare and Labor Committee, who passed the bill on March 22.<ref name=":0" /> The Senate voted 28–7 to pass the bill following its third reading on March 29.<ref name=":0" /><ref>{{Cite web|date=March 29, 2021|title=HB1570 Senate Vote|url=https://www.arkleg.state.ar.us/Bills/Votes?id=HB1570&rcs=2489&chamber=Senate&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> Governor [[Asa Hutchinson]] [[Veto|vetoed]] the bill on April 5.<ref name=":6">{{cite web|author1=Romo|first=Vanessa|date=April 5, 2021|title=Arkansas Governor Vetoes Ban On Gender-Affirming Care For Trans Youth|url=https://www.npr.org/2021/04/05/984555637/arkansas-governor-vetoes-anti-transgender-treatment-ban-for-minors?t=1617746998752|url-status=live|access-date=April 6, 2021|website=[[NPR]]}}</ref> The state legislature overrode the governor's veto the next day, with the House voting 71–24 with 3 representatives non-voting,<ref>{{Cite web|date=April 6, 2021|title=HB1570 House Vote|url=https://www.arkleg.state.ar.us/Bills/Votes?id=HB1570&rcs=2666&chamber=House&ddBienniumSession=2021%2F2021R|url-status=live|access-date=May 8, 2021|website=[[Arkansas State Legislature]]}}</ref> and the Senate voting 25–8 to pass the bill.<ref name=":7">{{cite web|author1=Deliso|first=Meredith|date=April 6, 2021|title=Arkansas state legislature overrides governor's veto on transgender health care bill|url=https://abcnews.go.com/US/arkansas-state-legislature-overrides-governors-veto-transgender-health/story?id=76904369|url-status=live|access-date=April 6, 2021|website=[[ABC News]]}}</ref>


HB 1570 will take effect in summer 2021.<ref name=":1" /> The bill makes Arkansas the first U.S. state to make gender transition procedures illegal.<ref name=":4" />
HB 1570 will take effect in summer 2021.<ref name=":1">{{cite web|last=DeMillo|first=Andrew|date=April 6, 2021|title=Arkansas Lawmakers Enact Transgender Youth Treatment Ban|url=https://www.bloomberg.com/news/articles/2021-04-06/arkansas-lawmakers-enact-transgender-youth-treatment-ban|url-status=live|access-date=April 6, 2021|website=[[Bloomberg News]]}}</ref> The bill makes Arkansas the first U.S. state to make gender transition procedures illegal.<ref name=":4" />


On May 25, 2021, the [[American Civil Liberties Union]] filed a lawsuit challenging the SAFE Act in the [[United States District Court for the Eastern District of Arkansas|U.S. District Court for the Eastern District of Arkansas]], arguing the statute violated the [[Constitution of the United States|Constitution]].<ref>{{Cite news|last=Yurcaba|first=Jo|date=May 26, 2021|title=ACLU sues Arkansas over transgender health care ban|work=[[NBC News]]|url=https://www.nbcnews.com/nbc-out/out-news/aclu-sues-arkansas-transgender-health-care-ban-rcna1037|access-date=May 28, 2021}}</ref><ref>{{Cite web|date=May 25, 2021|title=ACLU Sues Arkansas Over Ban on Health Care for Transgender Youth|url=https://www.aclu.org/press-releases/aclu-sues-arkansas-over-ban-health-care-transgender-youth|url-status=live|access-date=May 28, 2021|website=[[American Civil Liberties Union]]}}</ref>
==Response==

The [[American Civil Liberties Union]] released a statement that they would "see the state in court" after the legislature passed the bill.<ref>{{cite web |title=ACLU of Arkansas Statement on Passage of Trans Health Care Ban |url=https://www.aclu.org/press-releases/aclu-arkansas-statement-passage-trans-health-care-ban |website=[[ACLU]] |access-date=6 April 2021 |date=29 March 2021}}</ref> After the legislature overrode Hutchinson's veto, lawyer Chase Strangio stated that the ACLU "is preparing litigation as we speak", and that the bill is "the single most extreme anti-trans law to ever pass through a state legislature".<ref>{{cite web |title=ACLU vows legal challenge to prevent House Bill 1570 from taking effect |url=https://www.aclu.org/press-releases/aclu-statement-arkansas-legislatures-vote-override-veto-transgender-health-ban |website=[[ACLU]] |access-date=6 April 2021 |date=6 April 2021}}</ref><ref>{{cite web |author1=Amanda Arnold |title=Arkansas Has Now Passed the Most Extreme Anti-Trans Law Yet |url=https://www.thecut.com/2021/04/arkansas-has-passed-the-most-extreme-anti-trans-bill-yet.html |website=[[The Cut (website)|The Cut]] |access-date=20 May 2021 |date=6 April 2021}}</ref> Rumba Yambú, the director of Intransitive, a trans support organisation in the state said HB 1570 is "one of the worst bills that they could have created".<ref name="NBC1">{{cite web|author1=Jo Yurcaba|date=29 March 2021|title=Arkansas passes bill to ban gender-affirming care for trans youth|url=https://www.nbcnews.com/feature/nbc-out/arkansas-passes-bill-ban-gender-affirming-care-trans-youth-n1262412|access-date=6 April 2021|website=[[NBC News]]}}</ref>
==Reactions==

=== Support ===
Supporters of the bill claimed that gender transition procedures are experimental and that their long-term effects have not been established. HB 1570's author, state Representative [[Robin Lundstrum]] ([[Republican Party of Arkansas|R]]–87),<ref name=":53">{{Cite news|last=Bryan|first=Max|date=April 5, 2021|title=Hutchinson vetoes bill banning youth gender reassignment, calling it 'overbroad, extreme'|work=[[Southwest Times Record]]|url=https://www.usatoday.com/story/news/2021/04/05/arkansas-governor-hutchinson-vetoes-transgender-bill-hb-1570/4844228001/|access-date=May 8, 2021}}</ref> argued that her support was driven by science, saying she consulted medical experts while writing the bill;<ref name=":42">{{Cite news|last=Lockwood|first=Frank E.|date=April 25, 2021|title=Originator of state law views it as 1-of-a-kind|work=[[Arkansas Democrat-Gazette]]|url=https://www.arkansasonline.com/news/2021/apr/25/originator-of-state-law-views-it-as-1-of-a-kind/|url-status=live|access-date=May 8, 2021|archive-url=https://web.archive.org/web/20210425123130/https://www.arkansasonline.com/news/2021/apr/25/originator-of-state-law-views-it-as-1-of-a-kind/|archive-date=April 25, 2021}}</ref> she referenced one Swedish study from 2011 finding that transgender people who underwent sex reassignment surgery were more likely to suffer mental health issues and commit suicide than the general population.<ref name=":3" />{{Efn|The study also found that "surgeries eased gender dysphoria and improved care afterward".<ref name=":53" /> The authors of the study concluded that "Persons with transsexualism, after sex reassignment, have considerably higher risks for mortality, suicidal behaviour, and psychiatric morbidity than the general population. Our findings suggest that sex reassignment, although alleviating gender dysphoria, may not suffice as treatment for transsexualism, and should inspire improved psychiatric and somatic care after sex reassignment for this patient group."<ref>{{Cite journal|last=Dhejne|first=Cecilia|last2=Lichtenstein|first2=Paul|last3=Boman|first3=Marcus|last4=Johansson|first4=Anna L.V.|last5=Långström|first5=Niklas|last6=Landén|first6=Mikael|date=2011|title=Long-Term Follow-Up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden|url=https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0016885|journal=[[PLoS ONE]]|volume=6|issue=2|pages=e16885|doi=10.1371/journal.pone.0016885}}</ref>}} Primary Senate sponsor [[Alan Clark (Arkansas politician)|Alan Clark]] ([[Republican Party of Arkansas|R]]–13) described gender-affirming treatment as experimental and potentially life-threatening, arguing that the bill would "protect children from making mistakes that they will have a very difficult time coming back from."<ref name=":11">{{Cite news|last=Wax-Thibodeaux|first=Emily|date=April 25, 2021|title=After Arkansas passes its trans ban, parents and teens wonder: Should we stay?|work=[[The Washington Post]]|url=https://www.washingtonpost.com/national/after-arkansas-passes-its-trans-ban-parents-and-teens-wonder-should-we-stay/2021/04/23/74c822f0-9d34-11eb-8005-bffc3a39f6d3_story.html|access-date=May 19, 2021}}</ref>

Family Council, a conservative organization in Arkansas, claimed that the long-term effects of gender-affirming healthcare are unknown, while Vernadette Broyles, president of the law firm Child & Parental Rights Campaign, characterized the banned treatments as "unethical experimentation on [children's] developing bodies."<ref name=":12" /> The [[American College of Pediatricians]], a socially conservative advocacy group, said that "affirming gender discordance too early will push young people to transition."<ref>{{Cite news|last=Trotta|first=Daniel|date=March 29, 2021|title=Arkansas legislature votes to ban transgender treatments for youth|work=[[Reuters]]|url=https://www.reuters.com/article/us-usa-lgbtq-arkansas/arkansas-legislature-votes-to-ban-transgender-treatments-for-youth-idUSKBN2BL2XE|access-date=May 27, 2021}}</ref>

=== Opposition ===
The bill garnered criticism from several national medical organizations regarding its scientific accuracy. Major professional associations including the [[American Medical Association]], the [[American Psychological Association]], the [[American Psychiatric Association]], and the [[Endocrine Society]] opposed the measure, disputing the claim that gender-affirming healthcare is experimental and harmful.<ref name=":9" /> [[American Academy of Pediatrics]] president Lee Beers described the bill as "discrimination by legislation",<ref>{{Cite news|last=Schmidt|first=Samantha|date=March 29, 2021|title=Arkansas passes bill restricting access to medical treatments for transgender children|work=[[The Washington Post]]|url=https://www.washingtonpost.com/dc-md-va/2021/03/29/arkansas-passes-bill-restricting-access-medical-treatments-transgender-children/|access-date=May 27, 2021}}</ref> while the American Academy of Child and Adolescent Psychiatry expressed concern about "state-based legislation regarding the treatment of transgender youth that directly oppose the evidence based care".<ref name=":9" /> Gary Wheeler, a senior figure in the Arkansas chapter of the [[American Academy of Pediatrics]], claimed that outside interest groups lobbied Arkansas lawmakers and polarized the issue; the [[Human Rights Campaign]] accused groups like [[The Heritage Foundation]], the [[Alliance Defending Freedom]], and the [[Eagle Forum]] for promoting the legislation.<ref name=":8">{{Cite news|last=Reynolds|first=Daniel|date=April 14, 2021|title=Why Arkansas Anti-Trans Law Is So Dangerous for LGBTQIA+ Youth|work=[[Healthline]]|url=https://www.healthline.com/health-news/why-arkansas-anti-trans-law-is-so-dangerous-for-lgbtqia-youth?c=661814686723|access-date=May 8, 2021}}</ref> Wheeler alleged that supporters of the bill cherry-picked information and misread scientific studies.<ref name=":8" /> Noting that transgender youth healthcare is typically undertaken only after discussions between the patient, their parents, and physicians, Beers said the bill would violate the [[Doctor–patient relationship|physician-patient relationship]] by preventing doctors from providing care for transgender patients.<ref name=":3" />

Some op-eds and LGBT organizations have alleged that the bill represents anti-transgender beliefs by its supporters. Rumba Yambú, the director of the Arkansas transgender support organization Intratransitive, claimed that HB 1570 was "one of the worst bills that [the legislature] could have created",<ref name="NBC1">{{cite web|author1=Yurcaba|first=Jo|date=March 29, 2021|title=Arkansas passes bill to ban gender-affirming care for trans youth|url=https://www.nbcnews.com/feature/nbc-out/arkansas-passes-bill-ban-gender-affirming-care-trans-youth-n1262412|url-status=live|access-date=April 6, 2021|website=[[NBC News]]}}</ref> while [[Lambda Legal]] CEO Kevin Jennings said that measures like HB 1570 "are rooted in animus and ignorance about what it means to be transgender."<ref name=":3" /> Writer Jennifer Finney Boylan claimed in ''[[The New York Times]]'' that conservative supporters of the bill were using concern for children as a pretense to express anti-transgender sentiment.<ref>{{Cite news|last=Finney Boylan|first=Jennifer|date=April 7, 2021|title=Keeping Trans Kids From Medicine Doesn't Make Them Disappear|work=[[The New York Times]]|department=Opinion|url=https://www.nytimes.com/2021/04/07/opinion/antitrans-bills-children-puberty-arkansas-visibility.html|access-date=May 19, 2021}}</ref> Contending that HB 1570 and similar bills across the country "come from a place of emotional incoherence", ''[[The Washington Post]]'' columnist Monica Hesse asserted that the measures are based on "a combination of ignorance and discomfort" around transgender people.<ref>{{Cite news|last=Hesse|first=Monica|date=April 9, 2021|title=The GOP's anti-trans bills are ignorance in action|work=[[The Washington Post]]|url=https://www.washingtonpost.com/lifestyle/style/anti-trans-youth-bills-gop-north-carolina-tennessee/2021/04/09/8f45eaa2-9877-11eb-962b-78c1d8228819_story.html|access-date=May 19, 2021}}</ref> Writing in ''[[The Atlantic]]'', law professor Ronald J. Krotoszynski Jr. argued that the bill violated the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]], conflicting with the [[Equal Protection Clause]] and with "the Constitution's guarantee of personal liberty" by discriminating against transgender people, and the [[Due Process Clause]] by interfering with the right of parents to raise their children.<ref>{{Cite news|last=Krotoszynski, Jr.|first=Ronald J.|date=May 16, 2021|title=The War on Trans Kids Is Totally Unconstitutional|work=[[The Atlantic]]|url=https://www.theatlantic.com/ideas/archive/2021/05/anti-transgender-children-laws-unconstitutional/618864/|access-date=May 19, 2021}}</ref>

==== Veto by Asa Hutchinson ====
Governor [[Asa Hutchinson]] vetoed the bill on April 5, 2021, saying he feared it would set "new standards of legislative interference" and represented "vast government overreach".<ref name=":6" /> Asserting that he would have signed a bill that only banned [[sex reassignment surgery]] for transgender youth,<ref name=":53" /> Hutchinson also voiced concerns that the bill was part of a "culture war" fought by [[Conservatism in the United States|conservatism]] and would prove politically damaging to the [[Republican Party (United States)|Republican Party]] by "reflecting intolerance and reflecting a lack of diversity."<ref name=":10">{{Cite news|last=Lerer|first=Lisa|date=April 8, 2021|title=Asa Hutchinson on Arkansas's Anti-Trans Law and the G.O.P. Culture Wars|work=[[The New York Times]]|url=https://www.nytimes.com/2021/04/08/us/politics/asa-hutchinson-arkansas-transgender-law.html|access-date=May 19, 2021}}</ref> The veto was overridden the next day by the legislature.<ref name=":7" />


==See also==
==See also==
Line 33: Line 47:
*[[LGBT rights in Arkansas]]
*[[LGBT rights in Arkansas]]
*[[Transgender rights in the United States]]
*[[Transgender rights in the United States]]

== Notes ==
{{Notelist}}


==References==
==References==

Revision as of 02:56, 28 May 2021

Arkansas House Bill 1570
Arkansas General Assembly
  • An act to create the Arkansas Save Adolescents From Experimentation (SAFE) Act; and for other purposes.
Enacted by93rd Arkansas General Assembly
EnactedApril 6, 2021
Signed byAsa Hutchinson
Introduced byRobin Lundstrum
IntroducedFebruary 25, 2021

Arkansas House Bill 1570 (HB 1570), also known as the Save Adolescents From Experimentation (SAFE) Act, is a law in the state of Arkansas that bans the provision of gender affirming medical procedures for transgender people under 18. The law also bans the use of public funds for and prohibits insurance from covering gender transition procedures. The bill was introduced in February 2021, and passed through the Arkansas General Assembly by March; governor Asa Hutchinson vetoed the measure in April, but was overridden by the legislature. The law will take effect in summer 2021; the American Civil Liberties Union filed a federal lawsuit challenging the act in May.

Supporters of the bill claimed that gender transition procedures are experimental and that their long-term effects have not been established. National medical organizations opposed the measure, including the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics, disputing claims that gender-affirming healthcare is experimental and harmful; some op-eds and LGBT organizations have alleged that the bill represents anti-transgender beliefs by its supporters. Governor Hutchinson said he feared the measure would set "new standards of legislative interference" and represented "vast government overreach".[1]

Provisions

HB 1570 bans doctors from providing any "gender transition procedures" to transgender people under 18,[2] broadly defined as any medical or surgical service that alters a person's biological sex,[3] including puberty blockers, hormone therapy, and sex reassignment surgery.[4] The bill also prohibits doctors from referring patients to other providers for such treatment.[4] It does not include a grandfather clause for minors undergoing treatment at the time of the ban.[5] The bill contains specific exceptions to the ban on medical services for intersex medical interventions or patients dealing with complications from previous gender-related medical treatment.[6] Doctors who provide treatment in violation of the ban can be sued for damages or professionally sanctioned.[3][2][7]

HB 1570 also bans the use of public funds for and prohibits insurance from covering gender transition procedures.[3]

History

HB 1570 was first read in the Arkansas House of Representatives on February 25, 2021.[8] Following its second reading on the same day, the bill was referred to the House's Public Health, Welfare and Labor Committee, who passed the bill on March 9.[8] The bill passed the House 70–22 following its third reading on March 10, with 8 representatives non-voting.[8][9] Following its first and second readings in the Arkansas Senate on March 10, HB 1570 was referred to the Senate's Public Health, Welfare and Labor Committee, who passed the bill on March 22.[8] The Senate voted 28–7 to pass the bill following its third reading on March 29.[8][10] Governor Asa Hutchinson vetoed the bill on April 5.[1] The state legislature overrode the governor's veto the next day, with the House voting 71–24 with 3 representatives non-voting,[11] and the Senate voting 25–8 to pass the bill.[12]

HB 1570 will take effect in summer 2021.[13] The bill makes Arkansas the first U.S. state to make gender transition procedures illegal.[6]

On May 25, 2021, the American Civil Liberties Union filed a lawsuit challenging the SAFE Act in the U.S. District Court for the Eastern District of Arkansas, arguing the statute violated the Constitution.[14][15]

Reactions

Support

Supporters of the bill claimed that gender transition procedures are experimental and that their long-term effects have not been established. HB 1570's author, state Representative Robin Lundstrum (R–87),[16] argued that her support was driven by science, saying she consulted medical experts while writing the bill;[17] she referenced one Swedish study from 2011 finding that transgender people who underwent sex reassignment surgery were more likely to suffer mental health issues and commit suicide than the general population.[5][a] Primary Senate sponsor Alan Clark (R–13) described gender-affirming treatment as experimental and potentially life-threatening, arguing that the bill would "protect children from making mistakes that they will have a very difficult time coming back from."[19]

Family Council, a conservative organization in Arkansas, claimed that the long-term effects of gender-affirming healthcare are unknown, while Vernadette Broyles, president of the law firm Child & Parental Rights Campaign, characterized the banned treatments as "unethical experimentation on [children's] developing bodies."[2] The American College of Pediatricians, a socially conservative advocacy group, said that "affirming gender discordance too early will push young people to transition."[20]

Opposition

The bill garnered criticism from several national medical organizations regarding its scientific accuracy. Major professional associations including the American Medical Association, the American Psychological Association, the American Psychiatric Association, and the Endocrine Society opposed the measure, disputing the claim that gender-affirming healthcare is experimental and harmful.[7] American Academy of Pediatrics president Lee Beers described the bill as "discrimination by legislation",[21] while the American Academy of Child and Adolescent Psychiatry expressed concern about "state-based legislation regarding the treatment of transgender youth that directly oppose the evidence based care".[7] Gary Wheeler, a senior figure in the Arkansas chapter of the American Academy of Pediatrics, claimed that outside interest groups lobbied Arkansas lawmakers and polarized the issue; the Human Rights Campaign accused groups like The Heritage Foundation, the Alliance Defending Freedom, and the Eagle Forum for promoting the legislation.[22] Wheeler alleged that supporters of the bill cherry-picked information and misread scientific studies.[22] Noting that transgender youth healthcare is typically undertaken only after discussions between the patient, their parents, and physicians, Beers said the bill would violate the physician-patient relationship by preventing doctors from providing care for transgender patients.[5]

Some op-eds and LGBT organizations have alleged that the bill represents anti-transgender beliefs by its supporters. Rumba Yambú, the director of the Arkansas transgender support organization Intratransitive, claimed that HB 1570 was "one of the worst bills that [the legislature] could have created",[23] while Lambda Legal CEO Kevin Jennings said that measures like HB 1570 "are rooted in animus and ignorance about what it means to be transgender."[5] Writer Jennifer Finney Boylan claimed in The New York Times that conservative supporters of the bill were using concern for children as a pretense to express anti-transgender sentiment.[24] Contending that HB 1570 and similar bills across the country "come from a place of emotional incoherence", The Washington Post columnist Monica Hesse asserted that the measures are based on "a combination of ignorance and discomfort" around transgender people.[25] Writing in The Atlantic, law professor Ronald J. Krotoszynski Jr. argued that the bill violated the Fourteenth Amendment, conflicting with the Equal Protection Clause and with "the Constitution's guarantee of personal liberty" by discriminating against transgender people, and the Due Process Clause by interfering with the right of parents to raise their children.[26]

Veto by Asa Hutchinson

Governor Asa Hutchinson vetoed the bill on April 5, 2021, saying he feared it would set "new standards of legislative interference" and represented "vast government overreach".[1] Asserting that he would have signed a bill that only banned sex reassignment surgery for transgender youth,[16] Hutchinson also voiced concerns that the bill was part of a "culture war" fought by conservatism and would prove politically damaging to the Republican Party by "reflecting intolerance and reflecting a lack of diversity."[27] The veto was overridden the next day by the legislature.[12]

See also

Notes

  1. ^ The study also found that "surgeries eased gender dysphoria and improved care afterward".[16] The authors of the study concluded that "Persons with transsexualism, after sex reassignment, have considerably higher risks for mortality, suicidal behaviour, and psychiatric morbidity than the general population. Our findings suggest that sex reassignment, although alleviating gender dysphoria, may not suffice as treatment for transsexualism, and should inspire improved psychiatric and somatic care after sex reassignment for this patient group."[18]

References

  1. ^ a b c Romo, Vanessa (April 5, 2021). "Arkansas Governor Vetoes Ban On Gender-Affirming Care For Trans Youth". NPR. Retrieved April 6, 2021.{{cite web}}: CS1 maint: url-status (link)
  2. ^ a b c Wheeler, Lydia (April 27, 2021). "Legal Fight Brews Over Ban on Medical Care for Transgender Kids". Bloomberg Law. Retrieved May 19, 2021.
  3. ^ a b c Arkansas Act 626, 93rd General Assembly, Regular Session, 2021. PDF
  4. ^ a b Pengelly, Martin (April 5, 2021). "Arkansas governor vetoes bill banning medical treatment for young trans people". Guardian US. Retrieved April 6, 2021.{{cite web}}: CS1 maint: url-status (link)
  5. ^ a b c d Ramirez, Marc (April 12, 2021). "'Children will die': Transgender advocates warn about risks as more states consider banning gender-affirming care for kids". USA Today. Retrieved May 8, 2021.
  6. ^ a b Cole, Devan (April 6, 2021). "Arkansas becomes first state to outlaw gender-affirming treatment for trans youth". CNN. Retrieved May 19, 2021.
  7. ^ a b c Reardon, Sara (April 9, 2021). "New Arkansas Law—and Similar Bills—Endanger Transgender Youth, Research Shows". Scientific American. Retrieved May 8, 2021.
  8. ^ a b c d e "HB1570 Bill Information". Arkansas State Legislature. Retrieved May 8, 2021.{{cite web}}: CS1 maint: url-status (link)
  9. ^ "HB1570 House Vote". Arkansas State Legislature. March 10, 2021. Retrieved May 8, 2021.{{cite web}}: CS1 maint: url-status (link)
  10. ^ "HB1570 Senate Vote". Arkansas State Legislature. March 29, 2021. Retrieved May 8, 2021.{{cite web}}: CS1 maint: url-status (link)
  11. ^ "HB1570 House Vote". Arkansas State Legislature. April 6, 2021. Retrieved May 8, 2021.{{cite web}}: CS1 maint: url-status (link)
  12. ^ a b Deliso, Meredith (April 6, 2021). "Arkansas state legislature overrides governor's veto on transgender health care bill". ABC News. Retrieved April 6, 2021.{{cite web}}: CS1 maint: url-status (link)
  13. ^ DeMillo, Andrew (April 6, 2021). "Arkansas Lawmakers Enact Transgender Youth Treatment Ban". Bloomberg News. Retrieved April 6, 2021.{{cite web}}: CS1 maint: url-status (link)
  14. ^ Yurcaba, Jo (May 26, 2021). "ACLU sues Arkansas over transgender health care ban". NBC News. Retrieved May 28, 2021.
  15. ^ "ACLU Sues Arkansas Over Ban on Health Care for Transgender Youth". American Civil Liberties Union. May 25, 2021. Retrieved May 28, 2021.{{cite web}}: CS1 maint: url-status (link)
  16. ^ a b c Bryan, Max (April 5, 2021). "Hutchinson vetoes bill banning youth gender reassignment, calling it 'overbroad, extreme'". Southwest Times Record. Retrieved May 8, 2021.
  17. ^ Lockwood, Frank E. (April 25, 2021). "Originator of state law views it as 1-of-a-kind". Arkansas Democrat-Gazette. Archived from the original on April 25, 2021. Retrieved May 8, 2021.
  18. ^ Dhejne, Cecilia; Lichtenstein, Paul; Boman, Marcus; Johansson, Anna L.V.; Långström, Niklas; Landén, Mikael (2011). "Long-Term Follow-Up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden". PLoS ONE. 6 (2): e16885. doi:10.1371/journal.pone.0016885.{{cite journal}}: CS1 maint: unflagged free DOI (link)
  19. ^ Wax-Thibodeaux, Emily (April 25, 2021). "After Arkansas passes its trans ban, parents and teens wonder: Should we stay?". The Washington Post. Retrieved May 19, 2021.
  20. ^ Trotta, Daniel (March 29, 2021). "Arkansas legislature votes to ban transgender treatments for youth". Reuters. Retrieved May 27, 2021.
  21. ^ Schmidt, Samantha (March 29, 2021). "Arkansas passes bill restricting access to medical treatments for transgender children". The Washington Post. Retrieved May 27, 2021.
  22. ^ a b Reynolds, Daniel (April 14, 2021). "Why Arkansas Anti-Trans Law Is So Dangerous for LGBTQIA+ Youth". Healthline. Retrieved May 8, 2021.
  23. ^ Yurcaba, Jo (March 29, 2021). "Arkansas passes bill to ban gender-affirming care for trans youth". NBC News. Retrieved April 6, 2021.{{cite web}}: CS1 maint: url-status (link)
  24. ^ Finney Boylan, Jennifer (April 7, 2021). "Keeping Trans Kids From Medicine Doesn't Make Them Disappear". Opinion. The New York Times. Retrieved May 19, 2021.
  25. ^ Hesse, Monica (April 9, 2021). "The GOP's anti-trans bills are ignorance in action". The Washington Post. Retrieved May 19, 2021.
  26. ^ Krotoszynski, Jr., Ronald J. (May 16, 2021). "The War on Trans Kids Is Totally Unconstitutional". The Atlantic. Retrieved May 19, 2021.
  27. ^ Lerer, Lisa (April 8, 2021). "Asa Hutchinson on Arkansas's Anti-Trans Law and the G.O.P. Culture Wars". The New York Times. Retrieved May 19, 2021.

External links

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