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Tue Apr 6, 2021, 04:45 PM

Arkansas legislators enact an anti-transgender law over the governor's veto.

Source: New York Times

The Arkansas State Legislature voted Tuesday afternoon to override a veto from Gov. Asa Hutchinson and enact a law banning gender-affirming treatment for transgender minors. Mr. Hutchinson, a Republican, had vetoed the bill on Monday, calling it “overbroad” and “extreme.” The legislature voted overwhelmingly, 71 to 24 in the House and 25 to 8 in the Senate, to override him. The American Civil Liberties Union announced immediately that it would challenge the law, known as H.B. 1570, in court.

The law is premised on the claim, as stated in its text, that “the risks of gender transition procedures far outweigh any benefit at this stage of clinical study on these procedures.” But research shows the opposite. The Arkansas chapter of the American Academy of Pediatrics lobbied against the bill, and other medical organizations, including the American Psychiatric Association and the American Academy of Child and Adolescent Psychiatry, support gender-affirming treatment.

Sam Brinton, vice president for advocacy and government affairs at the Trevor Project, an L.G.B.T. suicide prevention organization, said research showed that more than half of transgender and nonbinary youth had seriously considered suicide, and that many of them cited discrimination as a driving factor. “These types of bills endanger young trans lives,” Mx. Brinton said after the governor’s veto on Monday. In a statement after legislators overrode the veto, they said: “Governor Hutchinson listened to trans youth and their doctors. The state legislature clearly did not.”

Federal case law on transgender rights is much more limited than on gay rights, which means challenges to the Arkansas law could lead to new legal precedents if they reach higher courts. Carl Tobias, a law professor at the University of Richmond, said that the A.C.L.U. and other organizations could seek a temporary injunction to block the law from taking effect while the challenges proceed. If a district court ruled against the law, Arkansas could appeal to the Court of Appeals for the Eighth Circuit, which consists largely of Republican appointees.

Read more: https://www.nytimes.com/live/2021/04/06/us/biden-news-today/arkansas-anti-transgender-law-veto



This was pretty much expected.

23 replies, 1697 views

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Reply Arkansas legislators enact an anti-transgender law over the governor's veto. (Original post)
BumRushDaShow Apr 2021 OP
RKP5637 Apr 2021 #1
mountain grammy Apr 2021 #2
sakabatou Apr 2021 #3
sinkingfeeling Apr 2021 #4
vercetti2021 Apr 2021 #5
Laha Apr 2021 #10
mezame Apr 2021 #20
ColinC Apr 2021 #6
NullTuples Apr 2021 #7
ShazzieB Apr 2021 #19
NullTuples Apr 2021 #22
BigDemVoter Apr 2021 #8
Yo_Mama_Been_Loggin Apr 2021 #9
TomSlick Apr 2021 #11
BumRushDaShow Apr 2021 #12
TomSlick Apr 2021 #13
BumRushDaShow Apr 2021 #14
TomSlick Apr 2021 #15
BumRushDaShow Apr 2021 #16
TomSlick Apr 2021 #17
BumRushDaShow Apr 2021 #18
EndlessWire Apr 2021 #21
ck4829 Jun 11 #23

Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 05:17 PM

1. Ugly hateful republicans again!

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 05:25 PM

2. Haters gonna hate..

what's dispicable is that they have power. Disgusting and, I believe, unConstitutional.

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 05:26 PM

3. Gah!

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 05:49 PM

4. Knew that would happen with the redneck Nazis holding both state houses.

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 05:52 PM

5. I'm gonna sound like a conspiracy nut

But they don't care truly about this, they want to make the trans youth suicide rate go up. Easier for them to sit back and watch the "immoral" ones send themselves to the fiery pit of hell or whatever they believe.

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Response to vercetti2021 (Reply #5)

Tue Apr 6, 2021, 07:06 PM

10. Sounds like standard MO from these monsters

I was too afraid to come out as transgendered until my mid 20's even though I identified female from the moment I knew what gender was. But it was also the early eighties in a small town. While not nearly as bad as some other rural areas I knew enough to keep my mouth shut so I didn't attract *more* attention for being a tiny, effeminate guy.

If I could have transitioned before puberty I would have jumped at the opportunity and I know I would have no regrets. I'm one of the fortunate few who has come to terms with my physical appearance, with no small help from some very good friends.

A lot of people know who they are a lot earlier than they're given credit for. Too many people try to enforce their moral values on others, and it's sad and frightening when the people in power pass laws that allow others to feel it's okay to discriminate. Saw enough of this during the past years of the last occupant of the white house. Too much of it happening now.

I suspect we'll see a spike in the number of hate crimes against the LGBT+ community because of this. In addition to the increase in suicide from people who are alone and don't have the same social support network I was fortunate enough to have.

I'm so happy it's Biden in the White House now. Would have been equally happy to see a number of other candidates succeed. The best part is that orange fucking monster isn't there anymore, and there's a chance to break free of the stranglehold the rethuQs have had over the government for the last.. Damn.. I don't even know how long.. Most of my life.

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Response to Laha (Reply #10)

Tue Apr 6, 2021, 10:57 PM

20. I'm with you...

..a similar experience, but now in my golden years, I believe the binary gender system is failing all of us. India recognizes there are no absolutes, and when U.S. citizens want to travel there, their visas offer a third gender marker, "O".

The immediate benefit is travel authorities know ahead of time that this person is neither/nor, either/or, but still must be accorded all civil liberties and treated with humanity. They are accommodating the third (nor non) gender.

I think the U.S. should follow suit. Then already established guidelines for gender- or transition-related health care would be accommodated in schools below the university level, and covered by insurance for adults and/or their dependents. Like everybody else.

The MTF's and FTM's should rally around the "O", and that can be selected by parents for their trans children early on, as it can always be changed later if that's what's desired.

Being gender fluid or questioning is nature's evolutionary work on the human species. It's something all of us who are trans just 'know' inside; definitely our right hemispheres are aware of something...different...other. And the left-hemisphere dominated world always wants to dissect us and put us into tidy boxes and slap labels on us. Or throw us in the trash. No one on earth escapes this.

Once we have the Equality Act as our shield, we can then fiercely fight for the "O"!

This awful POS bill won't stand. Arkansas is in for a big world of hurt.

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 06:00 PM

6. GOP: Party of government overreach.

...or Government Overreach Party

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 06:49 PM

7. This is a medical issue, not political.

Like abortion, this is about controlling someone else's body and should be left as something private between a person and their medical care provider.

These bills (85 and counting) and now laws spanning 30 states are being written, promoted and funded by national conservative Christian groups. After the Supreme Court ruled on marriage equality, they turned to attacking trans kids to raise funds and form a common enemy. As the GOP merged with evangelical Christians, they included the attacks directly into their party platform.

So now we've reached the point where even "conscience bills" allowing an individual practitioner to be a bigot are no longer good enough. Now they have to outlaw at the state level medical care that every major health care or medical organization supports (list is here: https://transhealthproject.org/resources/medical-organization-statements/ ).

This is going to ruin or end many young lives, and for what? So that religious and political leaders can force conservative values on America and personally garner more money and power.

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Response to NullTuples (Reply #7)

Tue Apr 6, 2021, 10:47 PM

19. Yes, as with abortion laws, this is about controlling other peoples bodies.

It's also about telling doctors and other health care providers how to do their jobs, instead of allowing them to make decisions based on their professional judgment and the training that they spent years and untold amounts of money aquiring.

In effect, they are saying: "We, a bunch of ignorant, redneck politicians, believe that we know more about how to practice medicine than all you highly trained and officially licensed medical professionals, and you are going to do it OUR way or else. Fuck your training and experience and professional judgnent." Which is, of course, a huge giant load of bull crap.

Assholes.

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Response to ShazzieB (Reply #19)

Wed Apr 7, 2021, 09:52 PM

22. That's how you build a theocracy, one law at a time...

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 06:53 PM

8. No surprise, whatsoever.

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 06:58 PM

9. Here come the peepee police

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Response to BumRushDaShow (Original post)

Tue Apr 6, 2021, 09:41 PM

11. There's a constitutional challenge there but it's difficult.

As in Roe v. Wade, the State is abridging patients' right of privacy. The State really has no good justification for interfering with medical treatment. Actually, I think this a clearer case than Roe v. Wade. In Roe, the Court tried to find a balance between a woman's right to privacy and the State' interest in protecting the nascent "person." In this case, the State is simply substituting its opinion for the physician's.

The problem is finding a plaintiff. What is needed is for one of a very few minors in Arkansas currently receiving puberty blocking medications to sue. Such a minor is in a hard enough spot living as a trans-person in Arkansas. Going through a lawsuit would be hell. No matter how carefully the court tried to shield the identity of the minor, there would be a real risk of it coming out.

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Response to TomSlick (Reply #11)

Tue Apr 6, 2021, 09:47 PM

12. It's possible by the time the case makes it through the lower courts to the SCOTUS

(assuming it's not somehow expedited), there may be some "minors" who reach age 18, depending on who they can get to sign onto the case (I think I saw the ACLU was involved).

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Response to BumRushDaShow (Reply #12)

Tue Apr 6, 2021, 09:55 PM

13. I hadn't thought of that. The scenario you raise makes it worse.

If a minor sues but reaches their majority while the case is pending, the case is moot.

The answer is for a physician providing gender confirming treatment to file suit. There will be a challenge to standing but the case should survive. The minor patient is a more sympathetic plaintiff but it's probably not worth the risk.

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Response to TomSlick (Reply #13)

Tue Apr 6, 2021, 10:00 PM

14. I can imagine that becoming a "doctor vs doctor" slugfest

But agree that a physician who specializes in the procedures would be the best one to explain the whys and wherefores!

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Response to BumRushDaShow (Reply #14)

Tue Apr 6, 2021, 10:11 PM

15. I like to think there would not be a doctor

that would be prepared to testify that the "dangers" of gender confirming treatment are more serious than the risk of serious emotional damage - or suicide - of trans-kids who are denied treatment. However, this is Arkansas so there probably are such doctors.

Can you imagine a 16 year old trans-girl that has been on puberty blocking meds for years - has identified as a female for years - is known at school as female - who suddenly is denied the meds and forced to undergo male puberty? The prospect frightens me.

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Response to TomSlick (Reply #15)

Tue Apr 6, 2021, 10:18 PM

16. They seem to not care



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Response to BumRushDaShow (Reply #16)

Tue Apr 6, 2021, 10:27 PM

17. You're being charitable.

I fear that many in the Arkansas legislature would find the emotional torture of a trans-kid to be a good thing.

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Response to TomSlick (Reply #17)

Tue Apr 6, 2021, 10:34 PM

18. I expect so

Here in PA, we saw what members of our state legislature did to our (now-former) Health Director Rachel Levine (who was recently confirmed as Assistant Secretary of HHS), and they were persistent and ugly. But she was a trooper (although she got hit again during her confirmation hearing by the usual suspects).

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Response to BumRushDaShow (Original post)

Wed Apr 7, 2021, 07:24 AM

21. It's disgusting.

These people live in the past by 100 years, at least. And, they're going to get boycotted.

Name one thing that the Republican Party has done that indicates that they give a damn about anyone other than their party and their power. You pretty much don't have to even read the news anymore. Biden wants something done? They will oppose it. Doesn't matter what.

And, Manchin? We traded McConnell for Manchin. His deal is, let's make sure that we allow the Republicans to oppose our agenda. That's his deal, period. Don't really have to read his news, either.

Well, it's past Easter. Time to get ready for Midterms. That's our new way of life! Sucks, but we want Democracy, freedom to be ourselves, and an end to fascism.

Power to the Trans People! Eff those aholes!

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Response to BumRushDaShow (Original post)

Fri Jun 11, 2021, 09:33 AM

23. Kick

Last edited Tue Jun 29, 2021, 11:51 AM - Edit history (1)

Critical Race Theory

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