SCOTUS upholds TN gender-affirming care ban | What it means for Arkansas

The Supreme Court’s ruling on Tennessee’s gender-affirming care ban for minors could impact Arkansas’s SAFE Act, which is now under review by the 8th Circuit Court.

ARKANSAS, USA — In a 6-3 decision, the United States Supreme Court upheld a Tennessee law banning gender-affirming care for minors. The justices ruled that the law does not violate the equal protection clause of the U.S. Constitution.

The ruling could have major implications for Arkansas, where a similar law, the 2021 SAFE Act, has been tied up in legal challenges for years.

According to the Arkansas Attorney General’s office, the high court’s ruling in United States v. Skrmetti could influence the 8th Circuit Court of Appeals in the pending case of Brandt v. Griffin, which challenges the SAFE Act. That law, passed in 2021, also seeks to ban gender-affirming care for minors.

A federal judge blocked the SAFE Act in 2023. The state appealed, and the case has been in limbo ever since. But with the U.S. Supreme Court now backing a similar law in Tennessee, Arkansas may have a stronger legal argument to revive the SAFE Act in court.

The American Civil Liberties Union of Arkansas released a statement following the Supreme Court ruling, saying:

“We brought Brandt v. Griffin because Arkansas’s ban on gender-affirming care is discriminatory, harmful, and unjust. It targets transgender youth and their families for exclusion from safe, medically necessary healthcare — care that is supported by every major medical association in the country. Denying young people this care doesn’t protect anyone. It only causes pain, distress, and lasting harm to transgender Arkansans who deserve the freedom to live and thrive.

While today’s decision is deeply painful, it is not the end of the road for transgender youth, their families, or the fight for bodily autonomy. Skrmetti does not give states a green light to pass any and all anti-trans laws. It does not upend existing precedent affirming the rights of transgender people under the Constitution. And it does not silence our fight for a future where trans people are safe, supported, and free.

The ACLU of Arkansas will continue to press forward with unshakable resolve — alongside our partners, our clients, and our communities — until every transgender person in Arkansas can access the care they need and live fully as themselves.”

However, Jerry Cox with the Family Council, a conservative group based in Little Rock, believes the ruling is a positive step.

“This is a complex issue,” Cox said. “It’s being hotly debated. This is a decision that people in black robes should not be making, but this needs to be debated at the state level, and the states decide what they believe is best for their people, and so this is a welcome ruling for the states and the legislative bodies that have passed these laws.”

A decision from the 8th Circuit Court is still pending. The 8th Circuit Court could use the Supreme Court’s latest ruling as precedent in making a decision on the case.

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