Judge Rules Expert Can Testify in Favor of SAFE Act

On Tuesday U.S. District Judge James Moody ruled that his court would accept expert testimony from professor Mark Regnerus, Ph. D., as part of the lawsuit over Arkansas’ Save Adolescents From Experimentation (SAFE) Act.

The state legislature passed the SAFE Act last year. The law protects children in Arkansas from sex-reassignment procedures and hormones. Unfortunately, it has been tied up in federal court for the past 14 months.

Dr. Regnerus is a published author and a Professor of Sociology at the University of Texas at Austin. He has studied and written extensively about sexual orientation and the science of transgender medicine.

Dr. Regnerus is critical of the ways in which doctors today are pressured to help children with gender dysphoria “transition” from one sex to the other.

The plaintiffs who are suing to overturn the SAFE Act asked Judge Moody to exclude expert testimony from Dr. Regnerus. However, on Tuesday Judge Moody ruled that Dr. Regnerus could offer expert testimony.

In a declaration he filed in the SAFE Act lawsuit last year, Dr. Regnerus made several key points regarding minors with gender dysphoria, including the following:

  • The science surrounding gender identity remain in flux.
  • The demographics of transgender youth is changing in ways that scientists do not yet understand.
  • Randomized clinical trials do not support the adolescent gender transition processes that many doctors in America use.

Dr. Regnerus goes on to point out that the number of children who identify as transgender has inexplicably skyrocketed in Western countries over the past 20 years, and that this sudden rise is particularly pronounced among biological girls.

Dr. Regnerus’ words from last year are almost prescient given how the U.K.’s National Health Services recently closed its Tavistock gender clinic that for many years gave puberty blockers and cross-sex hormones to children.

The facility today faces the possibility of lawsuits from upwards of 1,000 families whose children were subjected to sex-reassignment despite an obvious lack of scientific evidence in favor of the procedures and inadequate mental health screenings for children with gender dysphoria.

The U.K. is not the only European country rethinking how it treats children who disagree with their biological sex.

Last year Karolinska Hospital in Sweden, one of the world’s most renowned medical establishments, decided to stop prescribing puberty-blockers to minors.

The hospital noted that giving puberty blockers and cross-sex hormones to children “should be regarded as experimental.”

Finland’s Council for Choices in Health Care has reached the same conclusion, writing, “In light of available evidence, gender reassignment of minors is an experimental practice.”

In July the U.S. Food and Drug Administration added a warning label to puberty blockers after six girls developed tumor-like masses in the brain, which caused vision problems.

The FDA never has approved puberty blockers for purposes of gender transition. Doctors are giving these drugs to children off-label.

All of this underscores why the Arkansas Legislature was right to pass the SAFE Act in 2021.

Evidence is mounting that puberty blockers, cross-sex hormones, and sex-change procedures are dangerous for children.

With that in mind, our federal court system ultimately should uphold the SAFE Act and let Arkansas protect these children from life-altering procedures.

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

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

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.

FDA Adds Warning Label to Puberty Blockers

In July the U.S. Food and Drug Administration added a warning label to puberty blockers after six biological girls developed symptoms of tumor-like masses in the brain. One of the girls reportedly was receiving the puberty blockers for purposes of gender transition.

The new label warns of headache, papilledema, blurred or loss of vision, diplopia, pain behind the eye or pain with eye movement, tinnitus, dizziness, and nausea associated with tumor-like masses in the brain.

The FDA has approved puberty blockers to treat precocious puberty, among other things, but has never approved them for sex-change procedures.

Doctors who give puberty blockers to children for purposes of gender transition are doing so off label. That is part of the reason why many medical experts say giving puberty blockers to children for gender transition is “experimental” at best.

Last year the Arkansas Legislature passed the Save Adolescents From Experimentation (SAFE) Act.

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

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 have 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. 

Arkansas’ Attorney General asked the Eighth Circuit to lift his order so that the state can start enforcing the law right away. In June a three-judge panel heard arguments in that case.

The FDA’s warning label underscores the risks associated with giving puberty blockers to children. Arkansas’ SAFE Act protects children. We believe federal courts ultimately will recognize that fact and uphold this good law as constitutional.