Arkansas: Parents sue supporters of trans youth!

Arkansas: Parents sue supporters of trans youth!

A new law is being discussed in the US state of Arkansas that would give parents the opportunity to sue people who support minors in a so-called “social transition.” This particularly refers to teachers, therapists and even hairdressers who offer gender-nonconforming haircuts. Penalties for such lawsuits can range from $10,000 to $10 million, and lawsuits can be filed up to 15 years after an incident. The bill, introduced by two Republican lawmakers, defines "social transition" as actions through which a minor assumes a gender identity that does not correspond to their biological sex, such as changing their name or wearing clothing typically associated with a different gender. Even simply calling a student by a different name could be viewed as support, which could lead to legal consequences.

The American Civil Liberties Union (ACLU) of Arkansas strongly criticized the law, calling it “state-mandated bullying.” Additionally, a spokesman for the Arkansas attorney general expressed concern that some provisions of the law may be unconstitutional. This new law is not the first attempt to restrict the rights of transgender people in Arkansas; a 2021 law that banned medical treatment for trans youth was declared unconstitutional in 2023. In recent years, more than two dozen US states have passed similar laws restricting the rights of trans people in various areas, putting their safety and well-being at risk.

Legal situation in Arkansas

Shedding additional light on the legal framework is a federal court ruling in Arkansas that struck down a law that sought to ban gender-affirming medical care for transgender youth. The court ruled that this law violated the constitutional rights of the youth involved, as well as their parents and medical providers. The lawsuit, filed by four families of transgender youth and two doctors, found the ban violates the Equal Protection Clause and other essential parts of the U.S. Constitution. With this decision, the court sent an important signal for the protection of the rights of transgender people - it is the first final ruling in the USA on such a law.

The decision followed a trial lasting several weeks during which it became clear that similar laws in other states, including Alabama and Florida, were also blocked by injunctions. As of 2023, the ACLU and its partners have challenged seven new laws nationwide that could harm the rights of transgender people. Meanwhile, the number of laws specifically targeting children and young people who are questioning their gender identity is growing.

Cultural context

The current legislation is part of a broader political movement that is increasingly targeting transgender people. Drag shows and queer lifestyles are the target of conservative attacks, while the rights of transgender people are portrayed as part of a supposed “gender ideology”. This portrayal is used by a right-wing movement that attacks transgender people as scapegoats. Studies show that less than 2% of the population questions their gender, and the visibility of this group is low compared to the general population.

The social and political challenges facing transgender people have worsened under Trump policies, which have fueled smear campaigns against transgender people. Especially in conservative states, there are over 350 legislative projects that are directed against the rights of this group. Many of these initiatives ignore established medical standards and attempt to criminalize access to medical support for transgender children. In this context, the issue of gender identity is becoming increasingly politicized and manipulated, leading to further isolation of this community.