Overview

• The Eighth Circuit reversed the 2023 injunction by Judge Jay Moody, clearing the way for Arkansas to enforce the SAFE Act’s ban on puberty blockers, cross-sex hormones and gender-affirming surgeries for under-18s.
• In an 8–2 en banc decision, Judge Duane Benton concluded the measure regulates medical procedures and age categories under rational-basis review, aligning with the Supreme Court’s Skrmetti precedent.
• The majority went beyond Skrmetti by rejecting arguments that parents hold a deeply rooted due-process right to obtain gender-affirming treatments for minors.
• Judge Jane Kelly, joined by Judge James Loken, dissented in part, warning that the ruling sidesteps the evidentiary record and lacks proof that the ban protects youth.
• The ACLU of Arkansas described the outcome as “tragically unjust” and said plaintiffs are preparing appeals that could elevate the case to the Supreme Court.