DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.