Federal Court Continues to Debate Fate of Arkansas’ SAFE Act
On Monday, attorneys suing to overturn an Arkansas law protecting children from sex-change procedures filed a letter with the Eighth Circuit Court of Appeals.
The letter cites the Fourth Circuit’s decision in Kadel v. Folwell. The letter argues that laws protecting children from sex-change procedures trigger heightened scrutiny under the Equal Protection Clause. It is part of the ongoing lawsuit over Arkansas’ SAFE Act.
In 2021, lawmakers in Arkansas overwhelmingly passed the Save Adolescents From Experimentation (SAFE) Act.
The SAFE Act is a good law that prevents doctors in Arkansas from performing sex-change surgeries on children or giving them puberty blockers and cross-sex hormones.
Unfortunately, the SAFE Act has been tied up in court for more than two years. However, federal appeals courts have let similar laws go into effect in Tennessee, Kentucky, and Alabama.
Sex-change surgeries and procedures can leave children sterilized and scarred for life.
Researchers do not know all the long-term effects these procedures can have on children, but a growing body of scientific evidence shows children should not be subjected to sex-change procedures, puberty blockers, and cross-sex hormones.
Not long after Arkansas passed the SAFE Act, a major hospital in Sweden announced that it would no longer give puberty blockers and cross-sex hormones to kids.
Since then, the U.K. has joined a growing list of jurisdictions that protect children from puberty blockers, and the U.S. Food and Drug Administration has added a warning label to puberty blockers after discovering they caused some biological girls to experience swelling in the brain.
Over the past three years, reports from Europe and elsewhere have shown time and again that Arkansas was right to pass the SAFE Act. Today about half the states in the U.S. have passed laws protecting children from sex-change surgeries.
We believe our courts ultimately will recognize that the SAFE Act is a good law and uphold it as constitutional.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
Arkansas Ballot Measures 2024
Below is a list of ballot proposals vying for passage in Arkansas this year.
Measures referred to the ballot by the Arkansas Legislature will appear on the ballot this November. The Arkansas General Assembly can refer up to three proposed state constitutional amendments for a vote.
Supporters of the proposed state constitutional amendments must gather at least 90,704 petition signatures by July 5, 2024, in order to be eligible for placement on the November 2024 general election ballot. If passed, amendments become part of the Arkansas State Constitution and can only be changed by passage of another amendment in a statewide vote.
Supporters of initiated acts must gather at least 72,563 petition signatures by July 5, 2024, in order to be eligible for placement on the November 2024 General Election Ballot. If passed, initiated acts can be changed by two-thirds vote of the Arkansas Legislature.
Additional information about the ballot measures is available here.
Amendment Referred by the Arkansas Legislature
Arkansas Lottery Proceed Funding for Vocational-Technical School Scholarships and Grants Amendment: The proposed constitutional amendment would allow proceeds from the state lottery to fund scholarships and grants for vocational-technical schools and technical institutes.
Arkansas 2024 Proposed State Constitutional Amendments
The Absentee Voting Amendment of 2024: A proposal that would in part allow only the voter to handle their absentee ballot, and would also prohibit online voting.
Arkansas Abortion Amendment of 2024: A proposed constitutional amendment to legalize abortion.
The Arkansas Government Disclosure Amendment of 2024: A proposed constitutional amendment related to public meetings, notices and records.
Arkansas Medical Marijuana Amendment of 2024: A proposed constitutional amendment expands marijuana availability and legalize home grown marijuana.
The Arkansas Educational Rights Amendment of 2024: A proposal requiring any school receiving state or local funds to have identical academic standards and identical standards for accreditation, including assessments of students and schools based on such standards.
An amendment requiring local voter approval in a countywide special election for certain new casino licenses and repealing authority to issue a casino license in Pope County, Arkansas: A proposal to remove Pope County from the state constitution as a location where casino gaming is allowed and to establish a requirement for local elections on future casinos.
Arkansas 2024 Proposed Initiated Acts
An Act to Exempt Feminine Hygiene Products and Diapers from Sales and Use Tax: A proposal to exempt period products and diapers from local and state sales tax.
The Arkansas Government Disclosure Act: A proposal regarding public records, notices and meetings, along with the creation of a new commission.