Three-Judge Panel Leaves Arkansas’ SAFE Act Blocked for Now

Transgender, ,

On Thursday a three-judge panel of the Eighth Circuit Court of Appeals ruled that Arkansas’ Save Adolescents From Experimentation (SAFE) Act will remain blocked while a lawsuit over the act progresses.

The decision prevents the State of Arkansas from enforcing the SAFE Act for the time being.

The Arkansas Legislature overwhelmingly passed the Save Adolescents From Experimentation (SAFE) Act last year.

The SAFE Act is an excellent law that protects children from sex-reassignment procedures, puberty blockers, and cross-sex hormones.

Researchers do not know the long term effects that puberty blockers and cross-sex hormones can have on kids.

This summer the U.S. Food and Drug Administration added a warning label to puberty blockers indicating that they can cause vision loss and swelling of the brain.

Stories like these are part of the reason many experts agree that giving puberty blockers and cross-sex hormones to children is experimental, at best.

That is also why a major hospital in Sweden announced last year that it would no longer administer puberty blockers and cross-sex hormones to children.

Unfortunately, the ACLU and others filed a lawsuit against the SAFE Act last summer, before the law officially took effect.

Several business interests and the Biden-Harris Administration also joined the fight against Arkansas’ SAFE Act.

U.S. District Judge James Moody temporarily blocked the state from enforcing the law while the lawsuit progresses. The lawsuit is set to go to trial in October.

Arkansas’ Attorney General asked the Eighth Circuit to lift his order so that the state can start enforcing the law right away.

Judges James B. Loken, Jane Kelly, and Katherine M. Menendez heard arguments in the case last June.

President George H. W. Bush appointed Judge Loken to the Eighth Circuit, and he has served there since 1990.

Judge Kelly is one of President Obama’s appointees, and has been on the court since 2013.

Judge Menendez was appointed to the federal district court by President Biden last year.

On Thursday the panel ruled that the state cannot enforce the law at this time.

This is a very bad ruling. Children should not be subjected to sex-reassignment procedures. Researchers do not know the long term effects puberty blockers and cross-sex hormones can have on kids. The panel’s decision today fails to protect the children of Arkansas.

The SAFE Act is commonsense legislation that protects children. It received overwhelming support from the Arkansas Legislature. Most voters in Arkansas support the law as well, according to polling by Talk Business & Politics and Hendrix College. Arkansans understand this is a good law. Our federal courts should as well.

Arkansas’ SAFE Act protects children. We believe federal courts ultimately will recognize that fact and uphold this good law as constitutional.

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Campaign Do’s and Don’ts for Churches and Pastors

Elections

Many people believe state and federal law prevents churches and pastors from talking about “politics.”

The reality is that churches and ministers have tremendous leeway to address legislation, campaign issues, and candidates.

Below is a simple overview of what churches and pastors can and cannot do when it comes to politics, courtesy of our friends at Alliance Defending Freedom.

POLITICAL ACTIVITYCHURCHPASTOR
Discuss political issuesYesYes
Support or oppose candidates for elective public officeNoYes
Contribute money, services, or non-monetary gifts to candidatesNoYes
Raise or spend money to support or oppose candidatesNoYes
Contribute to political action committees (PACs)NoYes
Payment of expenses for attendance of a pastor or church member at a caucus or state/national political party conventionNoYes
Candidate speaks at church (outside context of candidacy or campaign)YesN/A
Nonpartisan voter registration activitiesYesYes
Nonpartisan voter identification activitiesYesYes
Nonpartisan “get-out-the-vote” activitiesYesYes
Nonpartisan voter educationYesYes
Lobby for or against legislationYes, But Limited*Yes
Support or oppose ballot measuresYes, But Limited*Yes
Spend money to advance or defeat ballot measuresYes, But Limited*Yes
Distribute nonpartisan candidate surveys or voter guidesYesYes
Distribute unbiased voting records of candidatesYesYes
Distribute candidate campaign literatureNoYes
Equal distribution of political materials by others in church parking lotsYesN/A
Rental of church facilities at regular rates (available to all candidates)YesN/A
Provide a link on church’s website to a particular campaign websiteNoN/A
Publish editorials endorsing or opposing candidates in church publicationsNoN/A
*Churches can spend an insubstantial amount of money lobbying for or against legislation or ballot issues. Family Council has been told this “insubstantial” amount is thought to be approximately 2% – 5% of the church’s overall budget. Spending money on lobbying or issue advocacy may subject a church to state or federal reporting laws.

Churches and ministers are always free to address social and moral issues — even if some people consider those issues “political.”

Churches and preachers can talk about what the Bible teaches concerning abortion, marriage, education, citizenship, government, and other issues.

Bottom Line: Churches and ministers have tremendous freedom when it comes to talking about morality, social issues, and political campaigns.

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