Courts Slam Parental Rights: Major Child Protection Win

A family of four posing outdoors with an American flag

Federal appeals courts have decisively rejected parents’ claims to a constitutional right to subject their minor children to irreversible gender-transition procedures, delivering a major victory for child protection advocates.

Story Highlights

Eighth Circuit upholds Arkansas ban on gender-affirming treatments for minors in landmark 8-2 decision
Tenth Circuit affirms Oklahoma’s similar law, both citing Supreme Court’s Skrmetti precedent
Courts reject parental rights arguments, ruling no “deeply rooted” constitutional right exists for these procedures
Arkansas and Oklahoma can now enforce bans on puberty blockers, cross-sex hormones, and surgeries for children

Courts Affirm State Authority Over Child Welfare

The Eighth Circuit Court of Appeals delivered a resounding 8-2 en banc decision on August 12, 2025, upholding Arkansas’s groundbreaking SAFE Act, which prohibits gender-affirming medical treatments for minors. This landmark ruling overturned a lower court’s permanent injunction and marks the first major federal appellate decision post-Skrmetti to address comprehensive state bans on these controversial procedures. The court explicitly rejected claims that parents possess a “deeply rooted” constitutional right to pursue such treatments for their children.

Just one day earlier, the Tenth Circuit upheld Oklahoma’s 2023 law banning gender-transition procedures for minors, creating a powerful judicial consensus. Both courts relied heavily on the Supreme Court’s 2025 Skrmetti decision, which upheld Tennessee’s similar ban and established a new constitutional framework prioritizing state legislative authority over pediatric medical regulation. These rulings represent a decisive shift away from activist judicial interference in state child protection measures.

Arkansas SAFE Act Overcomes Years of Legal Obstruction

Arkansas’s Act 626, known as the SAFE Act, became the nation’s first comprehensive state law banning gender-affirming care for minors when it passed in 2021, surviving Governor Asa Hutchinson’s veto. The law faced immediate legal challenges from LGBTQ activists and was enjoined before taking effect. After an eight-day bench trial in 2023, a district court permanently blocked the law, citing supposed constitutional violations and harm to transgender youth.

The en banc reversal represents a complete vindication of Arkansas lawmakers’ efforts to protect children from experimental medical interventions. Oklahoma Senator Julie Daniels, who authored her state’s similar legislation, welcomed the Tenth Circuit’s ruling as essential for “protecting children” and prioritizing “behavioral and mental health care” over irreversible medical procedures. These decisions enable both states to immediately halt new prescriptions of puberty blockers and cross-sex hormones for minors while restricting surgical interventions.

Supreme Court Precedent Reshapes Constitutional Landscape

The Supreme Court’s Skrmetti decision fundamentally transformed how courts analyze challenges to state bans on pediatric gender treatments. Both circuit courts emphasized legislative deference and state authority over child welfare, rejecting equal protection claims that previously found success in lower courts. The Eighth Circuit’s ruling is particularly significant as the first full appellate court decision to apply Skrmetti’s framework to overturn a post-trial permanent injunction based on extensive evidence.

ACLU of Arkansas predictably condemned the decision as “tragically unjust,” but their arguments ring hollow against the judicial consensus emerging nationwide. The organization’s claim that major medical associations support these treatments ignores growing evidence of harm and the experimental nature of many interventions. The courts’ emphasis on protecting children from irreversible procedures reflects common-sense priorities that most American families share, regardless of political pressure from activist organizations.

Parents Don’t Have ‘Deeply Rooted’ Right To Trans Their Kids, Appeals Courts Find https://t.co/JtDNbSvZvZ

— IJR (@TheIJR) August 12, 2025

These rulings signal broader judicial support for state-level child protection measures and likely encourage additional states to enact or strengthen similar laws. The constitutional framework established by Skrmetti and reinforced by these circuit decisions provides a solid legal foundation for legislators seeking to protect minors from controversial medical interventions while preserving appropriate parental rights in other areas of child-rearing.