Arkansas lawmakers expressed skepticism towards a bill proposed by Rep. Mary Bentley that would allow lawsuits against individuals who contribute to the social transitioning of minors, defined as changes in clothing, pronouns, hairstyle, and name that involve a gender identity differing from the minor’s biological sex. The bill, known as the “Vulnerable Youth Protection Act,” would also permit lawsuits against those involved in gender-affirming medical care for transgender youth.
However, the bill faced criticism for potentially infringing on free speech rights guaranteed by the First Amendment. The Attorney General’s office advised against defending the bill in federal court due to concerns over constitutional violations. Advocacy groups like For AR People documented public opposition to the bill during the committee hearing, featuring testimonies from transgender youth and supporters urging legislators to oppose the legislation.
During the hearing, concerns were raised about the bill’s impact on parental consent regarding a child’s preferred pronouns or name. Bentley confirmed that even if a parent supports their child’s transition, using the child’s preferred pronouns or name could still lead to civil liability under the proposed law.
The bill, which aims to prevent what Bentley views as harm to children through social transitioning, faced further criticism for potentially restricting speech related to gender identity. An attorney from the AG’s office highlighted the high constitutional bar for restricting speech, raising doubts about the bill’s defensibility in court in its current form. Bentley agreed to revise the bill following these concerns.
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