Status update: Arkansas' anti-trans legislation
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Illustration: Brendan Lynch/Axios
Arkansas has a history of passing legislation the transgender community feels targets them.
- The state became the first in the U.S. to make gender-affirming care for patients under age 18 illegal in 2021, but the ban is being challenged in court.
- That same year, Arkansas became the second state to ban transgender girls from playing on female sports teams.
Catch up quick: The so-called "drag bill," enacted in February, no longer mentions drag appearances, instead prohibiting performances intended to "appeal to the prurient interests" in public spaces or where a minor could see.
- Part of Gov. Sarah Huckabee Sanders' sweeping education bill enacted March 8 prohibits classroom instruction on reproduction, gender identity or sexual orientation before fifth grade — similar to Florida's law that opponents have dubbed "Don't Say Gay."
- A measure that will require transgender students to use school restrooms corresponding with the sex listed on their birth certificate rather than their gender identity was signed March 21.
- Sanders also signed a bill that allows anyone who received gender-affirming care as a minor to file a malpractice lawsuit against the provider for up to 15 years — instead of the current two years — making it harder for health care providers to get necessary insurance. That measure, signed March 13, will have a similar effect as the 2021 law under review by a federal judge.
Reality check: Gender-affirming care is widely supported as appropriate and medically necessary by major health groups, including the American Medical Association and the American Academy of Pediatrics.
The latest: More bills are moving through the Legislature:
- Another "bathroom bill" — SB270 — was amended Tuesday with clarifying language that would make it a crime for anyone over age 18 to enter and remain in a restroom assigned to the opposite sex while knowing a minor of the opposite sex is present and "for the purpose of arousing or gratifying a sexual desire."
- A measure that would prohibit school employees from addressing students by pronouns "inconsistent" with the student's sex assigned at birth unless provided written permission from parents, HB1468, passed the Senate Education Committee on Wednesday.
What we're watching: The ACLU includes HB1615 — an amendment to the Religious Freedom Restoration Act of 1993 — and HB1738 — to create a parents' bill of rights — on its watch list of anti-LGBTQ+ bills.