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In It to Win It

(8,308 posts)
Tue Jun 20, 2023, 08:58 PM Jun 2023

Federal judge rules Arkansas ban on gender-affirming care for minors violates equal protection

Gabriel Malor
@gabrielmalor

Fed. judge rules Arkansas ban on gender-affirming care for minors violates equal protection, due process, and the First Amendment.

The Arkansas ban on trans care for minors is permanently enjoined. https://storage.courtlistener.com/recap/gov.uscourts.ared.128159/gov.uscourts.ared.128159.283.0_1.pdf




Once again, we see when trans-panic fueled legislation is put to the test, the State's *own experts* cannot justify the law.

Here, the state's own witness suggested the doctors should violate the law to help trans patients.


Of course, the state also tried to rely on the infamously anti-gay Mark Regnerus, but the Court wasn't buying it.


The court was also unimpressed with ADF's attempt to recruit witnesses to support trans-panic legislation.

"testifying more from religious doctrinal standpoint rather than that required of experts by Daubert."

(Daubert requires certain scientific rigor for expert witnesses.)


On the equal protection claim, the court held that the ban on trans care for minors was based on sex and the state failed to demonstrate that it advanced its claimed interest in protecting children.


Regarding due process, the court held that while the state has a compelling interest in protecting the well-being of minors, a blanket ban on all gender transition procedures was not narrowly tailored to achieve that end.


And on free speech, the court held that the ban on trans care for minors was a content and viewpoint-based regulation, and the state did not demonstrate a compelling interest in regulating this speech in this way.




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Federal judge rules Arkansas ban on gender-affirming care for minors violates equal protection (Original Post) In It to Win It Jun 2023 OP
Hopefully this Carries out in Florida where this started. FloridaBlues Jun 2023 #1
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