Case against Arkansas Transgender Youth Healthcare Ban Reaches Federal Court

The case against Arkansas's transgender youth healthcare ban was heard without much fanfare by a Federal appeals court on Tuesday, April 11, 2024. The en banc review by the U.S. Court of Appeals for the Eighth Circuit has yet to be reported on by right-wing news outlets. The Appeals Court likely will uphold the decisions by lower courts that found it unconstitutional and side with the plaintiffs.

A three-judge panel of the Eight Circuit did earlier affirm the lower court’s preliminary injunction blocking enforcement of the SAFE Act in August 2022, according to Bloomberg Law

The state’s ban applies to puberty blockers, cross-sex hormones, and surgeries to treat gender dysphoria. The lawsuit is one of several high-profile cases currently testing the rights of transgender minors to access medical care for gender dysphoria.

The Eighth Circuit is the first federal appeals court to delve into the merits of questions presented by 24 virtually identical state laws enacted between 2021 and 2024.

Upon the conclusion of today's en banc review by the U.S. Court of Appeals for the Eighth Circuit, Brandt v. Griffin plaintiffs Dylan and Joanna Brandt, Sabrina, Lacey and Aaron Jennen, Parker and Donnie Ray Saxton, and Brooke, Amanda, and Shayne Dennis released the following statement to ACLU of Arkansas:

“We stand united in our belief that gender-affirming care is not just medical care; it is lifesaving care. This belief is not only ours, but is also supported by leading medical organizations such as the American Medical Association, the American Academy of Pediatrics, and the American Psychiatric Association. These institutions have publicly recognized that gender-affirming care is crucial in significantly reducing the dire physical and mental health consequences experienced by those with untreated gender dysphoria."

"Despite clear evidence and expert consensus on the importance of gender-affirming care, we find ourselves once again defending our right to access basic healthcare against political interference. It is deeply disheartening to see that, in the pursuit of their ideological agendas, some politicians are willing to disregard the well-being and rights of transgender youth. This ongoing battle, in Arkansas and across the United States, is a stark reminder of the challenges we face in ensuring that everyone has the freedom to access the care they need and deserve."

"The fact that families are relocating to find safe havens where their children can live authentically and receive necessary medical care is a testament to the current state of uncertainty and fear. It is unconscionable that in the United States, a country that prides itself on freedom and justice for all, people are forced to flee their homes to secure basic human rights. The need to seek out ‘safe states’ not only underscores the uneven landscape of rights and protections but also highlights the urgency of our fight for equality and access to healthcare."

"As we move forward, let it be known that we are not just fighting for access to medical care; we are fighting for the right to live our lives authentically and without fear. We are fighting for the future of all trans youth and their families, who deserve to live in a world where their rights are protected and their health is prioritized. We call on everyone to stand with us in this fight, to recognize the humanity and dignity of trans Arkansans, and to work towards a future where no one has to fear being themselves or accessing the care they need."

"Our voices, combined with those of medical professionals and advocates across the nation, send a clear message: gender-affirming care is essential, and the rights of transgender Arkansans are non-negotiable. We urge the courts and policymakers to heed this message, to prioritize the health and well-being of all people, not just some; and to ensure that every person has the opportunity to live their life to the fullest, as their true self, in Arkansas. Together, we can build a more inclusive and compassionate society for everyone.”

The lawsuit — which aims to overturn a 2021 Arkansas law that prohibits gender-affirming care for transgender youth — was filed by the ACLU of Arkansas, ACLU’s Jon L. Stryker and Slobodan Randjelović LGBTQ & HIV Project, and the law firms of Sullivan & Cromwell LLP, and Gill Ragon Owen.

For more on Brandt v. Griffin, click here:https://www.aclu.org/cases/brandt-et-al-v-rutledge-et

Study of biology books "serve as a call to action" said Professor Andrei Cimpian, Senior Author

“The findings serve as a call to action—it is important that the high school biology curriculum is revised so that it reflects accurate scientific knowledge rather than misguided assumptions that may foster gender stereotyping and discrimination,” says Andrei Cimpian, a professor in the Department in the Psychology at New York University and one of the paper’s senior authors.

"The textbooks used in about 66% of U.S. classrooms teach outdated ideas about the differences between sex and gender, a new study published in the journal Science from the American Association for the Advancement of Science found," Forbes reports.

The study examined six textbooks commonly used in California, Texas, New York and Florida—four of the most populous states in the U.S.—and found that none of the books differentiated between sex and gender.

According to researchers at BSCS Science Learning, New York University and the University of Texas, the textbooks “inappropriately conflate” sex, a biological phenomenon, with gender, which scientists widely consider to be socially constructed.

“The findings serve as a call to action—it is important that the high school biology curriculum is revised so that it reflects accurate scientific knowledge rather than misguided assumptions that may foster gender stereotyping and discrimination,” says Andrei Cimpian, a professor in the Department in the Psychology at New York University and one of the paper’s senior authors.

The study, which also included researchers from BSCS Science Learning and the University of Texas at Austin, examined whether textbooks communicated “essentialism” about sex and gender. Essentialism is a widespread, but scientifically inaccurate, view rooted in the idea that there is a genetic “essence” that makes women and men the way they are. Because of their assumed distinct genetic essences, women and men are also assumed to be discrete, non-overlapping groups—not just in terms of reproductive anatomy, but also in terms of their psychology and behavior.

The research published in Science set out to characterize how textbooks describe sex, which is a complex set of biological features related to reproduction, and gender, which is a socially constructed interpretation of the biological phenomenon of sex. The scientific consensus is that sex and gender are distinct phenomena and that both are inconsistent with the essentialist view that is common among the general public.

Its analysis of six textbooks—published between 2009 and 2016 and used in an estimated two-thirds of high school introductory biology classes across the U.S.—found that none of the textbooks differentiated between the concepts of sex and gender, despite the clear distinction made between them in the scientific literature.

How leading medical and psychological organizations define sex and gender:

The World Health Organization (WHO) - "Understanding sex and gender is critical to understanding human health and disease. Although “sex” is often incorrectly thought to have the same meaning as “gender,” the terms describe different but connected constructs. Sex and gender shape health independently as distinct factors, as well as interactively through the many ways in which they intersect and influence each other."

National Institues od Health (NIH) Sex is a multidimensional biological construct based on anatomy, physiology, genetics, and hormones. (These components are sometimes referred to together as “sex traits.”) All animals (including humans) have a sex. As is common across health research communities, NIH usually categorizes sex as male or female, although variations do occur. These variations in sex characteristics are also known as intersex conditions.

Gender is relevant only for research with humans (not other animals). Gender can be broadly defined as a multidimensional construct that encompasses gender identity and expression, as well as social and cultural expectations about status, characteristics, and behavior as they are associated with certain sex traits. Understandings of gender vary throughout historical and cultural contexts.

"A person’s gender identity (e.g., woman, man, trans man, gender-diverse, nonbinary) is self-identified, may change throughout their life, and may or may not correspond to a society’s cultural expectations based on their biological sex traits. For example, a person with typical female (sex term) sex traits may or may not be a woman (gender identity). Although gender is often portrayed and understood in Western cultures using binary categories (man or woman) and is often assumed at birth based on a person’s sex traits, many cultures throughout history have recognized a diversity of forms of gender identity and gender expression (how a person communicates their gender to others through behavior and appearance)."

American Medical Women's Association (AMWA) “Sex” refers to biological differences between females and males, including chromosomes, sex organs, and endogenous hormonal profiles. “Gender” refers to socially constructed and enacted roles and behaviors which occur in a historical and cultural context and vary across societies and over time. All individuals act in many ways that fulfill the gender expectations of their society. With continuous interaction between sex and gender, health is determined by both biology and the expression of gender. — Definition according to the National Institutes of Health (NIH) Office of Research on Women’s Health (ORWH)".

"The terms sex and gender have often been used interchangeably and imprecisely even though they should not be. The terms refer to different things".

APA Policy Statement on Affirming Evidence-Based Inclusive Care for Transgender, Gender Diverse, and Nonbinary Individuals, Addressing Misinformation, and the Role of Psychological Practice and Science

This is why biology books instructing high school students about gender and sex are so important to the LGBTQI community which I am a member. Without high school science-based instruction, misconceptions increase and hostility towards non-binary people exists leading to violence and murders.