A bill that would open up liability to Arkansans who assist in someone's "social transition" was pulled following debate in committee.
The bill to create “The Vulnerable Youth Protection Act” would give broad litigation rights to people seeking to sue those who provide minors with gender-affirming care. A person could seek up to $10 million in punitive damages for 15 years against anyone who assists in social transitioning. The bill would expand previous legislation making it easier to sue doctors who participate in the medical transition of a minor.
The bill met pushback in a meeting of the House Judiciary committee Tuesday over its definition of “social transitioning” as “changes in clothing, pronouns, hairstyle, and name,” meaning a person could possibly sue their barber or person who calls them by a nickname.
Rep. Mary Bentley, R-Perryville, said the bill opens parents up to lawsuits from either a third party or their own child. She decided to pull the legislation down after a representative from the Arkansas Attorney General's Office said they would not defend the legislation in court.
“We are sympathetic to the cause here, but we have facial constitutional concerns,” said Assistant Attorney General Justin Brasher. He pointed to the bill's language about pronouns, saying “that's all speech.”
The attorney general has been generally conservative on transgender issues, especially regarding young people. The Safe Act of 2021, which bans gender-affirming medical care for minors, is still being defended by the office in court. The office has also successfully challenged Biden-era expansions to Title IX to include transgender protections.
Bentley characterized social transitioning as part of a “social experiment” on children.
“Social transitioning is not a neutral act,” Bentley said. “It's a serious act that poses risk to the children and adolescents of Arkansas.”
She referenced research saying children prevented from transitioning often “came to terms” with their biological sex. It's unclear where this research came from, as many pediatric organizations show positive effects to social transitioning and affirmative therapy. The American Academy of Pediatrics has repeatedly supported the gender-affirming care model for treatment.
Rebecca Smith, a therapist based in Texas, testified that the “loss of family cohesion” from gender-affirming care is devastating.
In other media, she has argued that gender-affirming care isolates children from their biological parents, and undermines parents rights.
“Social transitioning encourages secrecy,” she said to committee members. “It creates unnecessary emotional divides by framing families as obstacles to a child's self-acceptance.”
She described name and pronoun changes as “harmful," saying many children struggling with their gender are dealing with underlying trauma. Though she also said during the hearing, that most medical textbooks, and research focus on the gender affirmation model of care, and not trauma-based interpretation.
Similar laws in other states, including Tennessee, have been struck down by judges for First Amendment reasons. Bentley decided to pull the legislation down and amend it to run again at a later date.
