Eighth Circuit Denies Appeal of Injunction Against Arkansas’ SAFE Act For Now

On Wednesday the Eighth Circuit Court of Appeals denied a request for an en banc hearing before the full circuit court over a preliminary injunction against Arkansas’ Save Adolescents From Experimentation (SAFE) Act.

The Arkansas Legislature passed the SAFE Act in 2021. The law generally protects children in Arkansas from sex-change surgeries, puberty blockers, and cross-sex hormones.

Last year U.S. District Judge James Moody issued a preliminary injunction blocking the state from enforcing the SAFE Act while a lawsuit over its constitutionality plays out in court. The Arkansas Attorney General’s office appealed that decision to the Eighth Circuit.

In August a three-judge panel from the Eighth Circuit ruled that the law should remain blocked while the lawsuit progresses in Judge Moody’s court.

The State of Arkansas asked the entire Eighth Circuit to review the preliminary injunction. On Wednesday the court declined to take up the case, because it expects Judge Moody to rule on the SAFE Act’s constitutionality within a month.

Regardless of how Judge Moody rules in the case, his final decision is almost guaranteed to be appealed to the Eighth Circuit.

As we have said many times, 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.

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.

The U.K.’s National Health Services recently closed its Tavistock gender clinic that gave puberty blockers and cross-sex hormones to children for many years.

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.

A gender-identity clinic in Scotland faces similar legal troubles from former patients who say they were rushed into sex-change procedures.

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

A major hospital in Sweden announced last year that it would no longer administer puberty blockers and cross-sex hormones to children.

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.

The SAFE Act is commonsense legislation that protects children.

It received overwhelming support from the Arkansas Legislature.

Most voters in Arkansas support the law, according to polling by Talk Business & Politics and Hendrix College.

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

Arkansas’ SAFE Act Goes to Trial Monday

Above: Rep. Robin Lundstrum (R — Springdale) explains the SAFE Act to the Arkansas House of Representatives in this file photo from 2021.

The federal lawsuit over Arkansas’ Save Adolescents From Experimentation (SAFE) Act will go trial at 9:00 AM on Monday, October 17, 2022. The U.S. District Court’s schedule indicates the trial will last all day, with Judge James Moody presiding over the case.

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

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

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

The U.S. Food and Drug Administration has never approved puberty blockers and cross-sex hormones for the purpose of gender transition. Doctors are giving these hormones to kids off-label, in a manner the FDA never intended.

In July the U.S. Food and Drug Administration added a warning label to puberty blockers after biological girls developed symptoms of tumor-like masses in the brain.

In 2021 a major hospital in Sweden made headlines after announcing it would no longer administer puberty blockers and cross-sex hormones to children.

Over the summer news broke that a U.K. gender clinic that prescribed puberty blockers and cross-sex hormones to children for many years now faces the possibility of lawsuits from upwards of 1,000 families.

Despite mounting evidence that sex-change hormones and procedures are not appropriate for children, the ACLU and others have asked the federal courts to strike down Arkansas’ SAFE Act.

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

The lawsuit over the SAFE Act has underscored several key points about gender dysphoria, including:

  • 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.

U.S. District Judge James Moody has temporarily blocked the state from enforcing the law while the lawsuit progresses. 

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

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.