Florida – November 17, 2023 – America’s Future, Inc., a national leader in the fight to preserve individual rights, promote American values and traditions, and protect the nation’s Constitutional Republic, announced that it filed an Amicus brief on November 14, 2023, in the United States Court of Appeals for the Eighth Circuit in Brandt, et al., v Tim Griffin, in his official capacity as Arkansas Attorney General (AG), et al., Dkt. No. 23-2681.
The case regards the constitutionality of Arkansas’s Save Adolescents from Experimentation (SAFE) Act, a law prohibiting physicians and other licensed professionals from rendering gender transition medical treatment to any individual under 18 years old, including disfiguring gender-altering surgeries. It also forbids prescribing cross-hormone drugs to minors that are used to artificially draw out physical features of the opposite gender, as well as hormone-blocking drugs used to prevent the onset of puberty.
As background, almost immediately after becoming law in April 2021, the SAFE Act was challenged in federal court and received a favorable ruling by the district court on the grounds that it violates the Fourteenth Amendment’s Due Process and Equal Protection Clauses along with the First Amendment Free Speech Clause.
Now at the appellate court, America’s Future’s brief makes it clear that the lower court’s ruling must be reversed and “that the Circuit Court must confirm that the SAFE Act is lawful, just as the duly elected state legislators intended,” according to Mary O’Neill, Executive Director of America’s Future.
As the brief explains, it is improper for “federal courts [to] believe that, whenever a case raises any issue related to ‘sex’ or ‘gender,’ the equal protection and due process clauses are sufficiently elastic to provide them constitutional cover to reach whatever outcome that they may personally prefer. They do not.”
To read more details about this filing, along with other briefs filed by America’s Future, please visit our Law & Policy page.