Overview

• The en banc 8th U.S. Circuit Court of Appeals reversed a lower-court injunction in an 8–2 decision, clearing the way for Arkansas’s 2021 SAFE Act to take effect.
• By treating gender-affirming treatments as medical procedures rather than identity classifications, the court applied rational basis review in line with the Supreme Court’s Skrmetti ruling and a recent 10th Circuit decision.
• The majority opinion rejected a historical parental-rights claim under the Fourteenth Amendment, finding no tradition of a right to access for children treatments that a legislature prohibits.
• Judge Jane Kelly dissented, warning that the state offered scant evidence the SAFE Act achieves its goals and citing research on increased anxiety, depression and suicidality risks for transgender youth.
• The ACLU of Arkansas denounced the ruling as unjust and said it is preparing an appeal that could return the issue to the Supreme Court.