Two federal appeals courts have upheld state bans on “sex-change” procedures for minors, finding that such laws do not violate parents’ constitutional rights.
On Tuesday, the full Eighth Circuit Court of Appeals, in an 8-2 decision, reversed a lower court injunction that had blocked enforcement of Arkansas’ ban on gender transition procedures for those under 18. The ruling allows the state to enforce the law, which prohibits puberty blockers, cross-sex hormones, and surgical interventions for minors. The court held that it does not discriminate based on sex or transgender status, relying heavily on the U.S. Supreme Court’s recent ruling on Tennessee’s comparable law, United States v. Skrmetti.
The opinion, authored by Judge Duane Benton, noted: “This court finds no such right in this Nation’s history and tradition” when discussing whether parents have a constitutional right to obtain medical treatment that the state deems inappropriate.
The decision comes just after the Tenth Circuit Court of Appeals upheld a similar ban in Oklahoma on Aug. 6. In both cases, the courts rejected arguments that the laws unlawfully interfere with parental authority over children’s medical care.
The Eighth Circuit’s ruling is important in that it overturned a 2023 district court decision that had blocked Arkansas’ law on constitutional grounds. With two appellate courts now siding with the states, the issue could be on track for consideration by the US Supreme Court, especially as other states’ laws face ongoing challenges in lower courts.