Arkansas ruling on gender-affirming care ban could have implications in South Dakota

On Tuesday in Arkansas, a federal judge struck down the state’s first-in-the-nation ban on gender-affirming care for minors as unconstitutional.

The law struck down is similar to House Bill 1080, which passed in the South Dakota Legislature in February and takes effect July 1.

Arkansas’ ruling marks the first to overturn such a prohibition as a number of states have adopted similar bans, including Utah, Florida, Tennessee, Alabama and Arizona.

More: Across US, Republican state lawmakers are winning the battle to block transgender youth from getting medical care

Arguments against HB 1080 referring to Arkansas’ lawsuit on the matter were made during this past legislative session by lobbyists and opponents like Samantha Chapman, advocacy manager for the ACLU of South Dakota.

Chapman said the local ACLU chapter is carefully reviewing the Arkansas decision to see what implications it could have in South Dakota, but cautioned the ACLU can’t offer an in-depth assessment at this time without that review. She said the court found the law violates the constitutional rights of transgender youth, their parents and their medical providers.

A protester holds a transgender pride flag in downtown Sioux Falls on Sunday afternoon, Jan. 16, 2022 in support of transgender rights.
A protester holds a transgender pride flag in downtown Sioux Falls on Sunday afternoon, Jan. 16, 2022 in support of transgender rights.

“It’s not too late for the same legislators (who proposed HB 1080) to change their positions and use their power to undo the harm that HB 1080 will inevitably cause for their constituents,” Chapman said in a statement Tuesday. “We are ready and willing to work with any lawmaker to bring legislation to reverse the law in South Dakota.”

More: Access to gender-affirming care has now been limited under law for South Dakota youth

Laws like these harm transgender youth, and the ACLU will continue to do all that it can to fight for rights and well-being “in the face of government-sanctioned discrimination," Chapman said.

This article originally appeared on Sioux Falls Argus Leader: Overturn of Arkansas ban on trans healthcare could affect South Dakota law