Arkansas Governor Sarah Huckabee Sanders has signed a new law making it easier to sue providers of gender-affirming care for children, a move that could effectively block access to such care. The law would allow anyone who received gender-affirming care as a minor to file a malpractice lawsuit against their doctor for up to 15 years after they turn 18, as opposed to the current two-year limit for medical malpractice claims in Arkansas. Legal experts have said the change could make it nearly impossible for providers to get malpractice insurance, thus closing access to gender-affirming care for children.
The new law is among a growing number of bills targeting transgender people in Arkansas and across the United States. At least 175 bills targeting trans people have been introduced in statehouses so far this year, the most in a single year, according to the Human Rights Campaign. Every major medical group, including the American Medical Association, supports gender-affirming care for youths and has opposed the bans.
Opponents of such treatments argue that minors are too young to make decisions about their futures. But LGBTQ rights advocates argue that denying transgender youth access to gender-affirming medical care is a violation of their human rights. The fight for gender equality and transgender rights continues, even in the face of mounting opposition from lawmakers across the country. The malpractice legislation includes a “safe harbor” provision that would give doctors a defense against malpractice lawsuits over providing gender-affirming care for children, but only if they follow restrictions that experts have said are inconsistent with the standard of care for the treatments.
The new law won’t take effect until 90 days after the Legislature adjourns this year’s session, which isn’t expected to happen until next month at the earliest. Arkansas has become a battleground for LGBTQ rights, with several bills targeting transgender youth proposed this year, including legislation that would criminalize transgender adults using the bathroom that corresponds with their gender identity. The bill goes even further than a bathroom bill North Carolina repealed following widespread boycotts. LGBTQ rights advocates are urging Governor Sanders to hear from trans youth and those who care for them before signing any more bills affecting the LGBTQ community.