Family Council Joins Amicus Brief Urging SCOTUS to Address School Gender Transition Case

On Thursday, Family Council joined an amicus brief urging the U.S. Supreme Court to take up a case over a Massachusetts school that helped an eleven-year old girl “socially transition” genders without her parents’ knowledge.

Our friends at Alliance Defending Freedom have discuss this case repeatedly, writing,

During the 2020-21 school year, a 6th-grade girl in Ludlow, Massachusetts, shared with a teacher that she had told a friend she ‘likes girls,’ was experiencing low self-esteem and depression, and needed help. The teacher shared these concerns with the girl’s mother, and both agreed to work together to help her. The student’s parents promptly got their daughter a therapist, informed the school she was getting professional help, and expressly directed school staff to have no further private conversations with their daughter about her mental health issues. But when the student sent an email to teachers and counselors informing them that she now identified as “genderqueer” and wanted to be addressed by a new name and a new list of pronouns, they began doing so without informing the student’s parents or asking for their consent. The parents found out and asked the district to stop, but it refused. The parents filed a lawsuit challenging the school district’s clear violation of their parental rights, and Alliance Defending Freedom filed an amicus brief in their support at the U.S. Court of Appeals for the 1st Circuit. Unfortunately, the 1st Circuit failed to protect parental rights.

Family Council joined a coalition of 50 organizations in an amicus brief by Advancing American Freedom on Thursday. The brief urges the U.S. Supreme Court to take up the parents’ lawsuit against the school.

The brief also argues that parental rights are essential and that schools should respect them.

Over the years, we have seen pro-LGBT activists use public schools to promote transgender ideology to kids in many different ways — but policymakers have pushed back.

In 2021 Arkansas passed Act 461 to prevent male athletes from competing against girls in women’s athletics at school. This good law protects fairness in women’s sports in Arkansas.

That same year, lawmakers passed the Save Adolescents from Experimentation (SAFE) Act generally prohibiting doctors from performing sex-change procedures on children or giving them puberty blockers and cross-sex hormones. That law has since been upheld in federal court.

In 2023, Arkansas lawmakers passed Act 317 to protect privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities by requiring public schools to designate these facilities for “male” or “female” use.

Legislators also passed Act 274 of 2023 letting a child who undergoes a sex-change procedure sue the healthcare provider who performed the procedure if the child suffers any injury as a result.

In 2023, the Arkansas Legislature passed the LEARNS Act overhauling public education in Arkansas, prohibiting critical race theory in public schools, and protecting young elementary school children from inappropriate sexual material in the classroom.

This year legislators passed Act 955 by Sen. Blake Johnson (R — Corning) and Rep. Mary Bentley (R — Perryville) protecting physical privacy and safety of Arkansans in showers, locker rooms, changing rooms, restrooms, and sleeping quarters in government buildings, jails, and in shelters for victims of domestic violence.

Taken together, all of these good laws protect children at school and elsewhere around the state. Public school students should not be taught to question their sexual-orientation or their gender, and schools should not lie to parents about what their children are learning at school.

Family Council is pleased to take a stand for parental rights in federal court. We hope the U.S. Supreme Court will take up this case.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Unpacking the Federal Court Decision Upholding the SAFE Act

Above: Rep. Robin Lundstrum asks the Arkansas House of Representatives to support the SAFE Act in this file photo from April 6, 2021.

On Tuesday, the Eighth Circuit Court of Appeals issued a decision upholding Arkansas’ Save Adolescents From Experimentation (SAFE) Act — a good law that protects children from puberty blockers, cross-sex hormones, and sex-change surgeries.

In 2021, the Arkansas Legislature overwhelmingly passed the SAFE Act. However, the ACLU and others sued to strike down the law. A federal judge in Little Rock blocked the state from enforcing the SAFE Act, but the Arkansas Attorney General’s Office appealed that decision. Tuesday’s ruling from the Eighth Circuit effectively ends the years-long lawsuit over the SAFE Act’s constitutionality.

Below are a few key highlights from the Eighth Circuit’s decision.

The Ruling Upholds the SAFE Act

The ruling effectively upholds the SAFE Act as constitutional.

The Eighth Circuit found the district court in Little Rock blocked the SAFE Act based on “incorrect conclusions of law.”

The SAFE Act does not violate the First Amendment or the Equal Protection Clause. It is lawful, and Arkansas can enforce it.

There is No Fundamental Right to Sex-Change Procedures

The Eighth Circuit rejected the idea that there is a “fundamental right” for children to obtain gender transition procedures.

The ruling found that Arkansas’ SAFE Act is reasonably related to legitimate state interests like restricting dangerous medical procedures and protecting children from harm. The court wrote, “The [SAFE] Act is rationally related to the state’s legitimate interest in protecting the well-being of minors.”

Sex-change procedures, puberty blockers, and cross-sex hormones can leave children permanently scarred, sterilized, and at risk of serious health conditions.

The judges pointed out that children who use puberty blockers are at greater risk of low bone density.

The court noted that “risks for minors using cross-sex hormones include changes in cholesterol and blood thickness, blood clots (increasing stroke risk), and infertility.”

The judges also cited evidence that sex-change surgeries carry risks and can lead to lifelong regret.

All of these findings underscore just how dangerous these procedures are.

Arkansas Has the Authority to Regulate Sex-Change Procedures

The court emphasized that states have broad authority to regulate medicine—especially when it comes to children.

Doctors do not know the long-term effects these procedures might have on people, but men and women have come forward with chilling testimony about how they were rushed through gender transitions as children without knowing the procedures’ risks, consequences, and alternatives.

Groups like the ACLU have claimed that the SAFE Act is discriminatory, but organizations like the Heritage Foundation have pointed out that simply is not the case. The SAFE Act does not deny healthcare to anybody. It just prohibits healthcare providers from performing or paying for sex-change procedures on children. That is something the State of Arkansas is free to do.

Arkansans Should Be Proud of the SAFE Act

We have said for years that we believed our courts ultimately would uphold the SAFE Act as constitutional.

There is a good reason why most lawmakers and most voters in Arkansas support the SAFE Act: It’s common-sense legislation that protects children from dangerous sex-change procedures.

This ruling from the Eighth Circuit underscores that the SAFE Act is a good law that Arkansans should be proud of.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Federal Court Says Arkansas Can Enforce the SAFE Act

FOR IMMEDIATE RELEASE
Tuesday, August 12, 2025

On Tuesday a three-judge panel from the U.S. 8th Circuit Court of Appeals issued a decision letting Arkansas enforce its 2021 Save Adolescents From Experimentation (SAFE) Act.

Family Council President Jerry Cox released a statement saying, “This is amazing news. The SAFE Act is a good law that protects children from puberty blockers, cross-sex hormones, and sex-change surgeries. It has been blocked in court for the past four years. Now the State of Arkansas can finally enforce this good law protecting children. That’s something to celebrate.”

Cox called the SAFE Act a common sense measure that protects children. “Over the past four years, public health experts in the U.S., the U.K., Sweden, Finland, and other nations have found that science simply does not support performing these procedures on kids. The SAFE Act is common sense legislation that protects children. That’s why the Arkansas Legislature voted overwhelmingly to pass it in 2021. That’s why more than half the states in America have passed similar laws since then. And that’s why the U.S. Supreme Court upheld a similar law in Tennessee earlier this year. Most people agree it is not right to perform sex-change procedures on kids.”

Cox praised the Arkansas Legislature and the Arkansas Attorney General’s Office for supporting the SAFE Act. “The Arkansas Legislature did the right thing by passing the SAFE Act in 2021, and the Arkansas Attorney General’s Office has worked tirelessly to defend it in court ever since. Arkansans should be proud that we have elected officials who are so deeply committed to protecting children.”

###