Republican lawmakers in Arkansas have introduced a bill that would allow lawsuits against anyone who facilitates a minor’s social transition — including hairdressers and barbers who give gender-nonconforming haircuts, teachers who use a student’s chosen name that is different from their birth name and nonprofit organizations that offer support.
House Bill 1668, known as the “Vulnerable Youth Protection Act,” was introduced by Republican Rep. Mary Bentley and Sen. Alan Clark. If passed, the legislation would allow parents to sue anyone who supports a minor’s gender transition, with the statute of limitations lasting for 15 years.
The Context
Arkansas has been a leader in legislative efforts restricting transgender rights. In 2021, it became the first state to ban gender-affirming medical care for minors—a law that was struck down by a federal judge in 2023. Since then, more than two dozen states have enacted similar measures limiting medical care, sports participation and bathroom access for transgender individuals.
Nationally, transgender rights have become a flashpoint in the country’s culture wars. Some political analysts have suggested the backlash against these rights—embodied in the most viral ad of the presidential campaign—played a decisive role in Donald Trump’s victory.
What To Know
The Arkansas bill defines “social transitioning” as any act in which a minor adopts a gender identity different from their biological sex, including changes in clothing, pronouns, hairstyle and name. Under this definition, a barber, teacher or guidance counselor could face lawsuits for supporting a child’s gender identity.
It allows lawsuits to be filed up to 15 years after an incident, with damages ranging from $10,000 to $10 million in cases where a minor received gender-affirming care.
Critics argue the bill violates First Amendment rights and is designed to intimidate teachers, doctors, and even parents from supporting transgender and gender-nonconforming youth. The American Civil Liberties Union (ACLU) of Arkansas has condemned it as “state-mandated bullying.”
The bill would allow lawsuits against individuals who facilitate a minor’s social transition, including hairdressers who give gender-nonconforming haircuts
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Supporters claim the measure is necessary to prevent children from making irreversible decisions about their gender identity, while opponents see it as a direct attack on the rights of transgender youth and those who support them.
At a March 18 hearing, however, a representative from the Arkansas Attorney General’s Office acknowledged that parts of the bill may not withstand legal challenges due to restrictions on free speech.
“When you are criminalizing or, in this case, providing a civil cause of action for certain forms of speech, that has to pass a very, very high constitutional bar, and we have to be able to defend that in court,” the representative said.
What People Are Saying
Mary Bentley, Arkansas GOP State Representative, in a House Judiciary hearing: “This is about protecting children from being pushed into gender ideology. We need to ensure that kids are not being coerced into decisions they do not understand.”
The ACLU of Arkansas in a statement: “This bill seeks to deter life-saving healthcare through baseless lawsuits, forcing transgender youth into unsafe conditions.”
What Happens Next
The bill is still moving through the Arkansas legislature and is expected to face immediate legal challenges if it is passed into law. Civil rights groups, educators, and LGBTQ+ advocates say they will continue fighting the bill.
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