Arkansas House Bill 1570 (2021)

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Save Adolescents from Experimentation Act
Seal of the Arkansas General Assembly
93rd Arkansas General Assembly
Long title
CitationA.R. Legis. Assemb. Act 626. Reg. Sess. 2021-2022 (2021).
Territorial extentArkansas
Enacted byArkansas House of Representatives
PassedMarch 10, 2021
Enacted byArkansas Senate
PassedMarch 29, 2021
EffectiveSummer 2021
Legislative history
Bill introduced in the Arkansas House of RepresentativesHouse Bill 1570
Introduced by (R–87)
First readingFebruary 25, 2021
Second readingFebruary 25, 2021
Third readingMarch 10, 2021
Bill introduced in the Arkansas SenateHouse Bill 1570
Introduced byAlan Clark (R–13)
First readingMarch 10, 2021
Second readingMarch 10, 2021
Third readingMarch 29, 2021
Summary
Bans gender affirming medical procedures for youth, prohibits the use of public funds for and prohibits insurance from covering "gender transition procedures", enables disciplinary action against medical professionals who violate the ban
Status: In force

Arkansas House Bill 1570 (HB 1570), also known as the Save Adolescents From Experimentation (SAFE) Act or Act 626, is a 2021 law in the state of Arkansas that bans gender-affirming medical procedures for transgender people under 18. The law also bans the use of public funds for and prohibits insurance from covering gender transition procedures, while doctors who provide treatment in violation of the ban can be sued for damages or professionally sanctioned. The measure makes Arkansas the first U.S. state to make gender-affirming medical care illegal.

In early 2020, state Republican lawmakers introduced numerous bills restricting access to gender-affirming healthcare; the measures did not pass partly due to state legislatures adjourning due to the COVID-19 pandemic and forgoing committee votes on the measures. Efforts to pass the healthcare bans were renewed the following year: as of March 2021, the Williams Institute, a LGBT-focused research institute, has documented legislation in 21 states that seek to prevent access to gender-affirming medical care for youth.[1] Republican politicians have also targeted transgender girls in youth sports, introducing bills that would ban them from participating in women's athletics. Prior to HB 1570, Arkansas governor Asa Hutchinson had signed two bills criticized as targeting transgender people: Senate Bill 354, a transgender sports bill, and Senate Bill 289, a religious and moral exemptions bill for doctors.

HB 1570 was introduced in February 2021, and passed through the Arkansas General Assembly by March. Governor Asa Hutchinson vetoed the measure in April, but was overridden by the legislature. The law took effect in summer 2021. A federal lawsuit challenging the act was filed by the American Civil Liberties Union in May.

Supporters of the bill claimed that gender transition procedures are experimental and that their long-term effects have not been established. Several national medical organizations have disputed the claims and opposed the measure, including the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics. Some detractors and LGBT organizations have alleged that the bill represents the anti-transgender beliefs of its supporters. Governor Hutchinson said he feared the measure would set "new standards of legislative interference" and represented "vast government overreach".[2]

Provisions[]

HB 1570 bans doctors from providing any "gender transition procedures" to transgender people under 18,[3] defined as any medical or surgical service that alters a person's sex,[4] including puberty blockers, hormone therapy, and sex reassignment surgery.[5] The bill also prohibits doctors from referring patients to other providers for such treatment.[5] It does not include a grandfather clause for minors undergoing treatment at the time of the ban.[6] The bill contains specific exceptions to the ban on medical services for intersex medical interventions or patients dealing with complications from previous gender-related medical treatment.[7] Doctors who provide treatment in violation of the ban can be sued for damages or professionally sanctioned.[3][4][8]

HB 1570 also bans the use of public funds for and prohibits insurance from covering gender transition procedures.[4]

Background[]

See also: Gender dysphoria and Transgender rights in the United States

Gender-affirming healthcare is a type of healthcare that treats gender dysphoria—mental distress caused when a person's assigned sex at birth does not match their gender identity.[9] Gender-affirming healthcare for transgender youth is regulated by Standards of Care set by the World Professional Association for Transgender Health.[10] Treatment for youth begins with therapy and counseling, and may progress to the use of puberty blockers depending on individuals' age and physical development; the medication halts puberty to give youth time to make a decision about their transition.[11] Hormone replacement therapy may be prescribed to youth around 16 years old, causing them to develop sexual characteristics associated with their gender.[11] Trans youth rarely undergo sex reassignment surgery because the Standards of Care require patients to be legally considered adults; some non-sex reassignment surgeries are performed for youth on a case-by-case basis.[12] Gender-affirming healthcare has been shown to improve trans youth's mental health, social acceptance and relations, and legal recognition.[13] It is recommended by several professional associations, including the American Academy of Pediatrics and the Endocrine Society.[1]

Previous controversy surrounding transgender rights in the United States in the late 2010s focused primarily on "bathroom bills" that legally required transgender people to use bathrooms based on their assigned sex at birth, such as North Carolina's House Bill 2 in 2016.[14][15] According to the Harvard Law Review, the debate about transgender healthcare for youth garnered national attention in October 2019 when "a dispute in Texas family court [sic] over parental rights for a seven-year-old transgender girl ignited outrage in conservative circles".[16] The journal asserted that conservative lobbying groups such as The Heritage Foundation and the Family Policy Alliance lobbied politicians throughout 2019 to introduce bills in legislative sessions banning gender-affirming healthcare for minors; measures were proposed in 15 states between January and March 2020.[17] None of the bills passed, partly due to state legislatures adjourning due to the COVID-19 pandemic and forgoing committee votes on the measures.[18]

Efforts to pass the healthcare bans were renewed the following year: as of March 2021, the Williams Institute, a LGBT-focused research institute, has documented legislation in 21 states that seek to prevent access to gender-affirming medical care for youth.[1] Bills in several states would penalize parents who seek out or otherwise facilitate gender-affirming healthcare.[1] Some, including HB 1570, would allow individuals to sue medical providers who violate the legislation in civil courts.[1] Three bills (HB 1570, and in Texas and South Carolina) contain insurance-related restrictions.[1]

Republican politicians have also targeted transgender girls in youth sports, introducing bills that would ban them from participating in women's athletics.[14] As of early April 2021, three states (Arkansas, Mississippi, and Tennessee) had passed transgender sports bans, while state legislatures in over two dozen states were considering similar measures.[14]

Prior to HB 1570, Arkansas governor Asa Hutchinson had signed two bills criticized as targeting transgender people.[19] Senate Bill 354, a transgender sports bill, banned transgender women and girls from competing in women's sports teams in school.[20] Hutchinson also signed Senate Bill 289, which allows doctors to refuse to treat someone based on religious or moral objections; opponents claimed the legislation would give doctors and healthcare providers the ability to deny healthcare to LGBTQ patients.[21] Both bills were signed into law on March 26, 2021.[19]

History[]

HB 1570 was first read in the Arkansas House of Representatives on February 25, 2021.[22] Following its second reading on the same day, the bill was referred to the House's Public Health, Welfare and Labor Committee, who passed the bill on March 9.[22] The bill passed the House 70–22 following its third reading on March 10, with 8 representatives non-voting.[22][23] Following its first and second readings in the Arkansas Senate on March 10, HB 1570 was referred to the Senate's Public Health, Welfare and Labor Committee, who passed the bill on March 22.[22] The Senate voted 28–7 to pass the bill following its third reading on March 29.[22][24] Governor Hutchinson vetoed the bill on April 5.[2] The state legislature overrode the governor's veto the next day, with the House voting 71–24 with 3 representatives non-voting,[25] and the Senate voting 25–8 to pass the bill.[26]

HB 1570 took effect in summer 2021.[27] The bill makes Arkansas the first U.S. state to make gender transition procedures illegal.[7]

On May 25, 2021, the American Civil Liberties Union filed a lawsuit challenging the SAFE Act in the U.S. District Court for the Eastern District of Arkansas, arguing the statute violated the Constitution.[28][29] On June 17, the Department of Justice filed a statement of interest in the litigation, asserting that the Equal Protection Clause of the Fourteenth Amendment protects transgender youth from discrimination in their access to medical care and that HB 1570 violates the Constitution.[30]

Reactions[]

Support[]

Supporters of the bill claimed that gender transition procedures are experimental and that their long-term effects have not been established. HB 1570's author, state Representative (R–87),[19] argued that her support was driven by science, saying she consulted medical experts while writing the bill;[31] she referenced one Swedish study from 2011 finding that transgender people who underwent sex reassignment surgery were more likely to suffer mental health issues and commit suicide than the general population.[6][a] Primary Senate sponsor Alan Clark (R–13) described gender-affirming treatment as experimental and potentially life-threatening, arguing that the bill would "protect children from making mistakes that they will have a very difficult time coming back from."[33]

Family Council, a conservative organization in Arkansas, claimed that the long-term effects of gender-affirming healthcare are unknown, while Vernadette Broyles, president of the law firm Child & Parental Rights Campaign, characterized the banned treatments as "unethical experimentation on [children's] developing bodies."[3] The American College of Pediatricians, a socially conservative advocacy group, said that "affirming gender discordance too early will push young people to transition."[34]

Opposition[]

The bill garnered criticism from several national medical organizations regarding its scientific accuracy. Major professional associations including the American Medical Association, the American Psychological Association, the American Psychiatric Association, and the Endocrine Society opposed the measure, disputing the claim that gender-affirming healthcare is experimental and harmful.[8] American Academy of Pediatrics president Lee Beers described the bill as "discrimination by legislation",[35] while the American Academy of Child and Adolescent Psychiatry expressed concern about "state-based legislation regarding the treatment of transgender youth that directly oppose the evidence based care".[8] Gary Wheeler, a senior figure in the Arkansas chapter of the American Academy of Pediatrics, claimed that outside interest groups lobbied Arkansas lawmakers and polarized the issue; the Human Rights Campaign accused groups like The Heritage Foundation, the Alliance Defending Freedom, and the Eagle Forum for promoting the legislation.[36] Wheeler alleged that supporters of the bill cherry-picked information and misread scientific studies.[36] Noting that transgender youth healthcare is typically undertaken only after discussions between the patient, their parents, and physicians, Beers said the bill would violate the physician-patient relationship by preventing doctors from providing care for transgender patients.[6]

Some detractors and LGBT organizations have alleged that the bill represents anti-transgender beliefs by its supporters. Rumba Yambú, the director of the Arkansas transgender support organization Intratransitive, claimed that HB 1570 was "one of the worst bills that [the legislature] could have created",[37] while Lambda Legal CEO Kevin Jennings said that measures like HB 1570 "are rooted in animus and ignorance about what it means to be transgender."[6] Writer Jennifer Finney Boylan claimed in The New York Times that conservative supporters of the bill were using concern for children as a pretense to express anti-transgender sentiment.[38] Contending that HB 1570 and similar bills across the country "come from a place of emotional incoherence", The Washington Post columnist Monica Hesse asserted that the measures are based on "a combination of ignorance and discomfort" around transgender people.[39] Writing in The Atlantic, law professor Ronald J. Krotoszynski Jr. argued that the bill violated the Fourteenth Amendment, conflicting with the Equal Protection Clause and with "the Constitution's guarantee of personal liberty" by discriminating against transgender people, and the Due Process Clause by interfering with the right of parents to raise their children.[40]

In June 2021, Rob Bonta, the Attorney General of California, announced that the state would no longer provide non-essential state-funded travel to five states[b] which had passed anti-LGBT laws, including Arkansas.[41][42]

Veto by Asa Hutchinson[]

Governor Asa Hutchinson vetoed the bill on April 5, 2021, saying he feared it would set "new standards of legislative interference" and represented "vast government overreach".[2] Asserting that he would have signed a bill that only banned sex reassignment surgery for transgender youth,[19] Hutchinson also voiced concerns that the bill was part of a "culture war" fought by conservatism and would prove politically damaging to the Republican Party by "reflecting intolerance and reflecting a lack of diversity."[43] The veto was overridden the next day by the legislature.[26]

See also[]

Notes[]

  1. ^ The study also found that "surgeries eased gender dysphoria and improved care afterward".[19] The authors of the study concluded that "Persons with transsexualism, after sex reassignment, have considerably higher risks for mortality, suicidal behaviour, and psychiatric morbidity than the general population. Our findings suggest that sex reassignment, although alleviating gender dysphoria, may not suffice as treatment for transsexualism, and should inspire improved psychiatric and somatic care after sex reassignment for this patient group."[32]
  2. ^ California had previously banned state-funded travel (with limited exceptions) to twelve states; the new ban increases the number of banned states to seventeen.[41]

References[]

  1. ^ Jump up to: a b c d e f Conron, Kerith J.; O'Neill, Kathryn; Vasquez, Luis A. (April 2021). "Prohibiting Gender-Affirming Medical Care for Youth" (PDF). Williams Institute. Archived (PDF) from the original on 2021-06-07. Retrieved 2021-06-06 – via eScholarship.
  2. ^ Jump up to: a b c Romo, Vanessa (April 5, 2021). "Arkansas Governor Vetoes Ban On Gender-Affirming Care For Trans Youth". NPR. Archived from the original on May 8, 2021. Retrieved April 6, 2021.
  3. ^ Jump up to: a b c Wheeler, Lydia (April 27, 2021). "Legal Fight Brews Over Ban on Medical Care for Transgender Kids". Bloomberg Law. Archived from the original on May 19, 2021. Retrieved May 19, 2021.
  4. ^ Jump up to: a b c Arkansas Act 626, 93rd General Assembly, Regular Session, 2021. PDF Archived 2021-05-01 at the Wayback Machine
  5. ^ Jump up to: a b Pengelly, Martin (April 5, 2021). "Arkansas governor vetoes bill banning medical treatment for young trans people". Guardian US. Archived from the original on April 5, 2021. Retrieved April 6, 2021.
  6. ^ Jump up to: a b c d Ramirez, Marc (April 12, 2021). "'Children will die': Transgender advocates warn about risks as more states consider banning gender-affirming care for kids". USA Today. Archived from the original on May 8, 2021. Retrieved May 8, 2021.
  7. ^ Jump up to: a b Cole, Devan (April 6, 2021). "Arkansas becomes first state to outlaw gender-affirming treatment for trans youth". CNN. Archived from the original on May 19, 2021. Retrieved May 19, 2021.
  8. ^ Jump up to: a b c Reardon, Sara (April 9, 2021). "New Arkansas Law—and Similar Bills—Endanger Transgender Youth, Research Shows". Scientific American. Archived from the original on May 7, 2021. Retrieved May 8, 2021.
  9. ^ Harvard Law Review (2021), p. 2165.
  10. ^ Harvard Law Review (2021), pp. 2165–2166.
  11. ^ Jump up to: a b Harvard Law Review (2021), p. 2166.
  12. ^ Harvard Law Review (2021), p. 2167.
  13. ^ Harvard Law Review (2021), pp. 2167–2172.
  14. ^ Jump up to: a b c Hansen, Claire (April 9, 2021). "Republican State Lawmakers Push Wave of Bills Targeting Transgender Youth". U.S. News & World Report. Archived from the original on June 4, 2021. Retrieved June 7, 2021.
  15. ^ Peters, Jeremy W. (March 29, 2021). "Why Transgender Girls Are Suddenly the G.O.P.'s Culture-War Focus". The New York Times. Archived from the original on June 2, 2021. Retrieved June 7, 2021.
  16. ^ Harvard Law Review (2021), p. 2172.
  17. ^ Harvard Law Review (2021), p. 2172-2174.
  18. ^ Harvard Law Review (2021), p. 2174.
  19. ^ Jump up to: a b c d e Bryan, Max (April 5, 2021). "Hutchinson vetoes bill banning youth gender reassignment, calling it 'overbroad, extreme'". Southwest Times Record. Archived from the original on May 8, 2021. Retrieved May 8, 2021.
  20. ^ "Arkansas governor signs transgender sports ban into law". NBC News. Associated Press. March 26, 2021. Archived from the original on May 9, 2021. Retrieved June 7, 2021.
  21. ^ DeMillo, Andrew (March 26, 2021). "Arkansas governor signs medical conscience objections law". Associated Press. Archived from the original on June 2, 2021. Retrieved June 7, 2021.
  22. ^ Jump up to: a b c d e "HB1570 Bill Information". Arkansas State Legislature. Archived from the original on May 8, 2021. Retrieved May 8, 2021.
  23. ^ "HB1570 House Vote". Arkansas State Legislature. March 10, 2021. Archived from the original on May 8, 2021. Retrieved May 8, 2021.
  24. ^ "HB1570 Senate Vote". Arkansas State Legislature. March 29, 2021. Archived from the original on May 8, 2021. Retrieved May 8, 2021.
  25. ^ "HB1570 House Vote". Arkansas State Legislature. April 6, 2021. Archived from the original on May 8, 2021. Retrieved May 8, 2021.
  26. ^ Jump up to: a b Deliso, Meredith (April 6, 2021). "Arkansas state legislature overrides governor's veto on transgender health care bill". ABC News. Archived from the original on April 6, 2021. Retrieved April 6, 2021.
  27. ^ DeMillo, Andrew (April 6, 2021). "Arkansas Lawmakers Enact Transgender Youth Treatment Ban". Bloomberg News. Associated Press. Archived from the original on April 6, 2021. Retrieved April 6, 2021.
  28. ^ Yurcaba, Jo (May 26, 2021). "ACLU sues Arkansas over transgender health care ban". NBC News. Archived from the original on May 26, 2021. Retrieved May 28, 2021.
  29. ^ "ACLU Sues Arkansas Over Ban on Health Care for Transgender Youth". American Civil Liberties Union. May 25, 2021. Archived from the original on May 26, 2021. Retrieved May 28, 2021.
  30. ^ Ronan, Wyatt (June 17, 2021). "Biden Admin's Dept. of Justice Moves To Protect Transgender Young People Against Anti-Transgender State Legislation That Discriminates in West Virginia & Arkansas". Human Rights Campaign. Archived from the original on July 24, 2021. Retrieved July 8, 2021.
  31. ^ Lockwood, Frank E. (April 25, 2021). "Originator of state law views it as 1-of-a-kind". Arkansas Democrat-Gazette. Archived from the original on April 25, 2021. Retrieved May 8, 2021.
  32. ^ Dhejne, Cecilia; Lichtenstein, Paul; Boman, Marcus; Johansson, Anna L.V.; Långström, Niklas; Landén, Mikael (2011). "Long-Term Follow-Up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden". PLoS ONE. 6 (2): e16885. Bibcode:2011PLoSO...616885D. doi:10.1371/journal.pone.0016885. PMC 3043071. PMID 21364939.
  33. ^ Wax-Thibodeaux, Emily (April 25, 2021). "After Arkansas passes its trans ban, parents and teens wonder: Should we stay?". The Washington Post. Archived from the original on May 23, 2021. Retrieved May 19, 2021.
  34. ^ Trotta, Daniel (March 29, 2021). "Arkansas legislature votes to ban transgender treatments for youth". Reuters. Archived from the original on April 2, 2021. Retrieved May 27, 2021.
  35. ^ Schmidt, Samantha (March 29, 2021). "Arkansas passes bill restricting access to medical treatments for transgender children". The Washington Post. Archived from the original on April 7, 2021. Retrieved May 27, 2021.
  36. ^ Jump up to: a b Reynolds, Daniel (April 14, 2021). "Why Arkansas Anti-Trans Law Is So Dangerous for LGBTQIA+ Youth". Healthline. Archived from the original on May 10, 2021. Retrieved May 8, 2021.
  37. ^ Yurcaba, Jo (March 29, 2021). "Arkansas passes bill to ban gender-affirming care for trans youth". NBC News. Archived from the original on April 6, 2021. Retrieved April 6, 2021.
  38. ^ Finney Boylan, Jennifer (April 7, 2021). "Keeping Trans Kids From Medicine Doesn't Make Them Disappear". Opinion. The New York Times. Archived from the original on May 15, 2021. Retrieved May 19, 2021.
  39. ^ Hesse, Monica (April 9, 2021). "The GOP's anti-trans bills are ignorance in action". The Washington Post. Archived from the original on April 15, 2021. Retrieved May 19, 2021.
  40. ^ Krotoszynski, Jr., Ronald J. (May 16, 2021). "The War on Trans Kids Is Totally Unconstitutional". The Atlantic. Archived from the original on May 18, 2021. Retrieved May 19, 2021.
  41. ^ Jump up to: a b "California bans state travel to 5 states over anti-LGBTQ 'bigotry'". NBC News. Associated Press. June 29, 2021. Archived from the original on July 11, 2021. Retrieved July 24, 2021.
  42. ^ Sprayregen, Molly (June 29, 2021). "California bans state-funded travel to five states with anti-LGBTQ laws". LGBTQ Nation. Archived from the original on July 7, 2021. Retrieved July 8, 2021.
  43. ^ Lerer, Lisa (April 8, 2021). "Asa Hutchinson on Arkansas's Anti-Trans Law and the G.O.P. Culture Wars". The New York Times. Archived from the original on May 18, 2021. Retrieved May 19, 2021.

Works cited[]

External links[]

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