Arkansas HB1668, known as the "Vulnerable Youth Protection Act," seeks to intimidate educators, families, allies, healthcare providers, and everyday citizens who support transgender youth by allowing civil lawsuits against those who provide gender-affirming care or even simply acknowledge a minor’s gender identity.
- The bill weaponizes civil enforcement by permitting lawsuits against any person who supports trans young people by providing or helping to receive gender affirming care or by affirming young people in their transition. It allows minors or parents to sue up to fifteen (15) years after the alleged conduct, with excessive financial penalties, including statutory damages of at least $10,000 per defendant and punitive damages of $10 million for certain medical interventions.
- The bill falsely equates gender-affirming care with "castration, sterilization, or mutilation" and attempts to stigmatize accepted medical practices endorsed by the American Medical Association and the American Academy of Pediatrics.
- Additionally, the bill applies “extraterritorially,” meaning it could target out-of-state people and providers who assist Arkansas residents in accessing gender-affirming care.
HB1668 is so broadly written that it could lead to lawsuits against anyone who supports a transgender minor in any way. Hairdressers who cut a trans teen’s hair, teachers who use a student’s chosen name, and nonprofits that offer support could all face frivolous lawsuits. These cases would e extremely unlikely to hold up in court, but the bill’s intent is to scare people into silence and deter them from providing respect, dignity, and care to LGBTQ youth.
The ACLU of Arkansas strongly opposes HB1668, a cruel and unconstitutional attack on transgender youth, their families, and medical professionals. This bill seeks to deter life-saving healthcare through baseless lawsuits, forcing transgender youth into unsafe conditions and increasing their risk of depression, anxiety, and suicide. It is state-mandated bullying that violates our basic individual freedoms.
HB1668 fosters a climate of fear, where doctors, teachers, and even parents risk financial ruin simply for supporting transgender youth. It is a blatant overreach of government power, attempting to control private decisions and to circumvent our constitutional rights, including free speech, religious exercise, due process and equal protection.
This legislation does nothing to protect youth. Instead, it actively harms vulnerable children by cutting them off from essential support systems. If enacted, HB1668 would force people to choose between facing financial ruin or bullying trans youth.
The ACLU of Arkansas stands firm in its commitment to defending the rights of transgender youth, their families, and their allies. We urge lawmakers to reject this dangerous and discriminatory bill and instead focus on policies that truly support Arkansas youth.