APA Joins Amicus Against Arkansas Law Banning Gender-Affirming Therapy

APA has joined the American Academy of Pediatrics and 20 other medical organizations in an appellate court amicus brief arguing that an Arkansas law that bans gender-affirming medical procedures for transgender youth would “irreparably harm adolescents with gender dysphoria by denying care to those who need it.”

The brief, filed in the U.S. Court of Appeals for the 8th District in the case Brandt v. Rutledge, supports an earlier district court injunction against the Arkansas law. The Save Adolescents From Experimentation (SAFE) Act, or Act 626, is a 2021 law that bans gender-affirming medical procedures for transgender people under age 18 in Arkansas. The appellate court is expected to hear the case in July.

“Act 626 … would prohibit Arkansas health care providers from providing or even referring patients under the age of 18 for critical, evidence-based treatments for gender dysphoria,” according to the brief. “As the district court recognized, this care is supported by scientific evidence, and denying it to adolescents who need it puts them at risk of significant harm to their mental health.”

The brief provides background on gender identity and gender dysphoria and describes accepted medical guidelines for treating adolescents with gender dysphoria, the scientifically rigorous process by which these guidelines were developed, and the evidence that suggests the effectiveness of this care for this population.

APA has filed a similar brief in a case filed by the American Civil Liberties Union in Texas involving a directive by Texas Gov. Greg Abbott classifying gender-affirming therapy as child abuse. APA has also signed onto a statement with five other organizations protesting the directive (See Psychiatric News).

“We wanted the court to know that adolSescents with gender dysphoria are at risk of adverse mental health outcomes, including suicide, and that genSder-affirming treatment can reduce that risk,” Reena Kapoor, M.D., chair of the APA Committee on Judicial Action, told Psychiatric News. “Arkansas asserted that gender-affirming treatment is experimental and based on poor-quality scientific evidence, concluding that children must therefore be protected from physicians who could do them irreparable harm. From APA’s standpoint, this kind of legislative intrusion into medical decision making is unacceptable.

“Our understanding of transgender individuals and gender-affirming treatment continues to evolve, but that is no reason to prohibit patients and physicians from working together to decide what’s best for each individual,” Kapoor said. “Legislators have no place in such complex medical decision making; the choice of treatment should belong to transgender youth, their families, and their doctors.” ■

The amicus brief, including a list of all the names of the co-signing organizations, is posted here.