The panel stated that the law regulates medical procedures without discrimination.
The Eighth Circuit Court of Appeals upheld an Arkansas law last week that bans transgender procedures and interventions for minors. The three-judge panel ruled that the law does not violate these discrimination laws because it “regulates a class of [medical] procedures, not people.”
Judge Duane Benton, who wrote the ruling, agreed with the arguments brought by the state of Arkansas. Two other judges, Judge Jane Kelly and Judge James Loken, wrote an opinion that partially agreed and partially dissented. The two judges agreed that the law did not violate antidiscrimination policy, but expressed concern that the ban limits hormone therapy procedures only when used to address youth gender dysphoria. Hormone therapy procedures are used in a variety of youth medical treatments, so the two judges questioned only one application of the treatment being banned by Arkansas.
“The undisputed factual findings in this case show that Act 626 categorically removes the only treatment available for adolescents suffering from a recognized, serious health condition,” Judge Kelly wrote. “The Act prohibits this treatment indiscriminately, regardless of the method used or its concomitant risks. And the Act prohibits puberty blockers and hormone therapies only for treating gender dysphoria, despite these treatments carrying the same or higher risks when used for different conditions.”
As the Lord Leads, Pray with Us…
- For wisdom for judges in district and circuit courts as they hear challenges to state laws concerning transgender treatments for minors.
- For state governors and legislators as they seek to protect children and adolescents from life-altering interventions to treat gender dysphoria.
- For the members of Christ’s body to be honest and compassionate about biological realities, affirming the truth in love with grace and mercy.
Sources: The Christian Post, JD Supra
