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212875P.pdf   08/25/2022  Dylan Brandt  v.  Leslie Rutledge
   U.S. Court of Appeals Case No:  21-2875
   U.S. District Court for the Eastern District of Arkansas - Central   
[PUBLISHED] [Kelly, Author, with Loken, Circuit Judge, and Menendez, District Judge] Civil case - Civil rights. Plaintiffs, a transgender youth, their parents, and two healthcare professionals, sought to enjoin Arkansas Act 626, which prohibits healthcare professionals from providing gender transition procedures to any individual under the age of 18 or from referring any such individual to any healthcare professional for gender transition procedures; the district court enjoined the Act, and the State appeals. Held: plaintiffs had standing to bring the suit; because a minor's sex at birth determines whether or not the minor can receive certain types of medical care under the law, Act 626 discriminates on the basis of sex and, as such, the statute must be supported by an exceedingly persuasive justification; the record at this stage of the proceedings provides substantial evidence to support the district court's factual findings that the Act prohibits medical treatment that conforms with the recognized standard of care for adolescent gender dysphoria, that such treatment is supported by medical evidence that has been subjected to rigorous study, and that the purpose of the Act is not to ban a treatment but to ban an outcome the State deems undesirable; as a result, the district court did not err in concluding the Act is not substantially related to the State's interest in protecting children from experimental treatment and regulating medical ethics, and plaintiffs have demonstrated a likelihood of success on their equal protection claim; the balance of the equities also favored plaintiffs; the district court did not abuse its discretion in granting a facial injunction.