During a state legislative committee meeting on Monday, one Arkansas Republican lawmaker shocked LGBTQ+ rights advocates and members of the public by asking a transgender woman whether she has a penis in front of the entire gallery.
In 2021, Arkansas became the first state in the country to ban gender-affirming care for people under the age of 18 after state lawmakers passed the Save Adolescents From Experimentation or “SAFE Act.” That law, however, is on hold pending a legal challenge brought by the ACLU on behalf of four transgender young people and their families and two doctors, alleging that H.B. 1570 is unconstitutional because it violates the Equal Protection Clause of the Fourteenth Amendment by discriminating against transgender people.
Gender-affirming care for both adolescents and adults has been endorsed by the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association, and many other professional groups as necessary and frequently lifesaving for transgender individuals. There is also growing evidence that hormone therapy improves the mental health of trans youth.
Arkansas has a mixed history when it comes to LGBTQ+ rights. The state does not have any statewide laws that protect individuals from discrimination based on sexual orientation or gender identity, and there have been several attempts in recent years to pass legislation that would restrict the rights of LGBTQ+ individuals. But they will let a 12-year-old girl marry a 40-year-old man...
It is worth noting, there are also some lawmakers and advocates who are working to promote LGBTQ+ rights and protections in the state. But we need federal law, that cannot be under minded by SCOTUS.
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