) Act, which banned “gender transition procedures” and medical referrals for those procedures. The judge found the law unconstitutional as a violation of the First and Fourteenth Amendments to the U.S. Constitution.
The SAFE Act asserted “a compelling government interest in protecting the health and safety of its citizens, especially vulnerable children,” as justification for banning procedures on minors that Instill or create physiological or anatomical characteristics that resemble a sex different from the individual’s biological sex. . . .Any referral for or provision of gender transition procedures to an individual under eighteen year of age is unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state.
According to the judge, “[t]he Arkansas Medical Board is the best option for regulating the ethical considerations as well as the duties of the healthcare community in circumstances like the treatment of gender dysphoria.”The judge rejected the state’s argument that the SAFE Act regulates professional conduct, not speech, because the law barred physicians from even telling patients about treatment options available elsewhere.