Nebraska’s transgender care ban could be in jeopardy after Arkansas ruling

LINCOLN, Neb. (KLKN) – This week’s ruling on a transgender care ban for minors could have far-reaching consequences.

A federal judge struck down Arkansas’ law aimed at preventing doctors from providing gender-affirming hormone treatment or surgery to anyone under 18.

The state’s attorney general is planning to appeal to the 8th U.S. Circuit Court of Appeals, which also covers Nebraska.

That could put a similar ban here, where the ACLU has filed a lawsuit, in jeopardy.

Just last month, Gov. Jim Pillen signed Legislative Bill 574.

It includes regulation of puberty blockers and a ban on gender-affirming surgeries for minors.

Both are currently set to go into effect on Oct. 1.

Opponents hope the Arkansas decision sends a message that these laws are vulnerable.

“The state has to have a compelling reason why we want to ban people from getting medical care, and there isn’t one, and they were unable to demonstrate that,” Sen. John Cavanaugh said. “So it does certainly strengthen that for any case going forward.”

Sen. Megan Hunt said these laws are discriminatory and only serve to legislate hate.

“It’s about inserting politics into people’s health care,” she said. “And there’s no trans debate, there’s no trans question, there’s no trans issue. There are only trans people, and then there are people who don’t want there to be trans people.”

Senators said the ruling should be a cautionary tale to legislators in Nebraska and other states as they consider future bans.

“When one branch of government gets it wrong, another one steps in with checks and balances to help restore balance and order,” Sen. Danielle Conrad said. “And that’s exactly what happened here.”

Supporters of the ban say it would protect kids’ bodies and safeguard medical ethics.

Sen. Kathleen Kauth, who authored Nebraska’s ban, said in a statement that she’s not worried.

“Protecting children from experimental, irreversible drugs and surgeries that will permanently alter a child’s body in ways that have not been studied and are not fully understood to treat a mental health issue is the right thing to do,” she said.

Sen. Tom Briese also provided a statement, saying LB 574 is “presumed constitutional until adjudicated otherwise.”

He said the opinion is “not determinative.”

Arkansas Gov. Sarah Huckabee Sanders also signed a bill making it easier to sue doctors who provide gender-affirming health care for children.