Arkansas Governor Huckabee Sanders signs law potentially reinforcing ban on 'gender-affirming care' for children

The new law, which is set to take effect this summer, permits individuals who received gender-affirming care as minors to bring malpractice claims against their doctors for up to 15 years after turning 18.

Arkansas Governor Huckabee Sanders signs law potentially reinforcing ban on 'gender-affirming care' for children
Al Drago/Bloomberg, Pool
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Arkansas Governor Sarah Huckabee Sanders has enacted legislation that could serve to reinstate a previously blocked ban on so-called “gender-affirming” care for minors, by easing the process of filing malpractice lawsuits against providers of such care.

The new law, which is set to take effect this summer, permits individuals who received gender-affirming care as minors to bring malpractice claims against their doctors for up to 15 years after turning 18. This contrasts with the existing Arkansas law, which requires medical malpractice lawsuits to be filed within two years of the alleged injury, the Associated Press reported.

Legal experts who spoke to the publication warn that the change may effectively curtail access to gender-affirming care for children, as providers might struggle to obtain malpractice insurance. The legislation forms part of a broader pattern of bills targeting transgender individuals, with increasingly hostile rhetoric emerging at statehouses from both sides of the political aisle.

The Human Rights Campaign, a pro-transgender activist group, reports that, thus far this year, at least 175 bills aimed at transgender people have been introduced across statehouses – a record number for a single year.

Governor Sanders' decision to sign the bill comes as a federal judge deliberates on whether to nullify a 2021 Arkansas law that would bar doctors from offering “gender-affirming” hormone therapy or puberty blockers to anyone below the age of 18, or referring them to other healthcare providers capable of offering such care.

U.S. District Judge Jay Moody provisionally blocked the 2021 law, making Arkansas the first state to implement such a ban. In the meantime, a number of states have adopted similar restrictions, although a ban in Alabama was also halted by a federal judge.

The new Arkansas law is not due to come into force until 90 days after the Legislature adjourns this year's session, which is not anticipated to occur until next month at the earliest.

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