Case: Brandt v. Rutledge

4:21-cv-00450 | U.S. District Court for the Eastern District of Arkansas

Filed Date: May 25, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 6, 2021, the Arkansas legislature passed H.B. 1570 — the "Save Adolescents from Experimentation” (SAFE) Act — over the governor’s veto. The Safe Act banned healthcare professionals from providing gender transition procedures, including puberty blockers and hormones, to anyone under 18 or from referring anyone under 18 to any healthcare professional for such procedures. Additionally, the SAFE Act prohibited coverage of gender transition procedures for minors by Medicaid or private insur…

On April 6, 2021, the Arkansas legislature passed H.B. 1570 — the "Save Adolescents from Experimentation” (SAFE) Act — over the governor’s veto. The Safe Act banned healthcare professionals from providing gender transition procedures, including puberty blockers and hormones, to anyone under 18 or from referring anyone under 18 to any healthcare professional for such procedures. Additionally, the SAFE Act prohibited coverage of gender transition procedures for minors by Medicaid or private insurance. 4 families with transgender children and 2 pediatricians brought this complaint against various Arkansas state officials in the Eastern District of Arkansas on May 25, 2021. The families and doctors, represented by the National ACLU, Arkansas ACLU, and private law firms, claimed the SAFE Act was unconstitutional for: (1) violating the Equal Protection Clause of the 14th Amendment by discriminating on the basis of sex; (2) violating the Due Process Clause of the Fourteenth Amendment, and (3) violating the First Amendment by prohibiting healthcare providers from referring their patients for medical treatments in accordance with the accepted medical standards to treat gender dysphoria. The relief sought by the families included: (1) declaratory judgment that the SAFE Act was unconstitutional, (2) preliminary and permanent injunctions on the SAFE Act; and (3) an award of reasonable attorneys’ fees. The case was assigned to Judge James Maxwell Moody, Jr.

On June 17, 2021, the United States filed a Statement of Interest echoing the Plaintiffs’ claim that the SAFE Act violated the Equal Protection Clause of the 14th Amendment. Several national and state organizations of health professionals also filed amicus briefs in support of the plaintiffs. These organizations included the American Medical Association and Arkansas Psychiatric Society.

On July 21, 2021, the court denied Arkansas’ motion to dismiss and granted the Plaintiffs’ motion for a preliminary injunction on all three proposed grounds. On August 2, 2021, Judge Moody, Jr. elaborated in a Supplemental Order, 551 F.Supp.3d 882 (E.D. Ark. 2021), focusing on the families’ equal protection claim and explaining that the SAFE ACT “rests on sex-based classifications and… transgender people constitute at least a quasi-suspect class.” Moreover, the court found that the stated intents of the bill (protecting children from experimental treatment and regulating medical ethics) were pretextual. The court looked, among other things, at overwhelming medical testimony that “gender-affirming for transgender minors may be medically appropriate and necessary to improve the physical and mental health of transgender people.”

Arkansas appealed the decision on August 20, 2021 to the United States Court of Appeals for the Eighth Circuit. Both sides filed briefs, and again, many notable individuals and institutions filed amici briefs; the United States again filed a brief supporting the Plaintiffs. On August 25, 2022, Judges James B. Loken, Jane Kelly, and Katherine M. Menendez upheld the lower court's injunction because the lower court had not abused its discretion in granting a preliminary injunction based on Plaintiffs’ equal protection claim. The three Judges affirmed arguments that transgender youth would suffer "irreparable harm" absent preliminary injunction and that enforcing the law would prohibit medical treatment that conforms with the recognized standard of care. The Judges also agreed that the SAFE Act is not substantially related to its purported purposes of protecting children from experimental medical treatment and regulating medical ethics. The Court did not address the State’s challenges to Plaintiffs’ other claims. 47 F.4th 661. Arkansas requested an en banc or panel rehearing of their appeal of the preliminary injunction, but their request was rejected on November 16, 2022. The order itself did not contain any rationale, but a concurrence by Judge Colloton, joined by two other judges, explained that Arkansas had not requested a stay for the 15 prior months.

The district court held an eight-day bench trial in October 2022.  On June 20, 2023, the court issued its findings of facts and conclusions of law, entered judgment for the plaintiffs on all claims, and enjoined the state from enforcing the law permanently. 2023 WL 4073727. Among its findings of facts, the court found that transgender care was not experimental care, and that providing treatment for gender dysphoria wouldn't cause a person to be or remain transgender because there was no treatment that had the ability to change a person’s gender identity. In addition, the court found that parents or guardians would still be required to provide informed consent in order for their children to receive medical treatment, and the informed consent process was adequate to enable minor patients and their parents to make decisions about gender-affirming medical care for adolescents. Further, the risks of gender-affirming medical care were not categorically different from the types of risks that other types of pediatric healthcare pose, and for many adolescents the benefits of treatment greatly outweighed the risks. The court also found that adolescents with gender dysphoria were unlikely to de-transition or desist in their transition whether or not they received gender-affirming medical care.

As to conclusions of law, the court held that the SAFE Act violated the equal protection clause because it discriminated on the basis of sex, as a minor’s sex at birth determined whether the minor was able to receive certain types of medical care under the law. The court also held that the law discriminated against transgender people, as the law prohibited medical or surgical procedures related to gender transition, medical care that only transgender individuals chose to undergo. Further, the court found that Arkansas hadn’t met its burden of providing a persuasive justification for the differential treatment of transgender individuals. The state provided five reasons: i) that there was a lack of evidence of efficacy of the banned care; ii) that the banned treatment had risks and side effects; iii) that many patients would desist in their gender incongruence; iv) that some patients would later come to regret having received irreversible treatments; and v) that treatment was being provided without appropriate evaluation and informed consent. The court determined that none of these reasons were persuasive or supported by evidence at the trial.  As to plaintiffs' due process claim, the court held that the Act's ban on all gender transition procedures was not sufficiently narrowly tailored to achieve the state's asserted interests, noting the plaintiff parents' fundamental right to make medical decisions for their children. Finally, the court held that the Act regulated physician speech -- effectively prohibiting physicians from informing their patients about the treatments -- and that it was a content and viewpoint-based regulation of speech subject to strict scrutiny.  Applying that standard, the court held that the Act violated the First Amendment because Arkansas failed to prove that its interests in the safety of adolescents from gender transitioning procedures were "compelling, genuine, or even rational." Thus, the court entered judgment for the plaintiffs and permanently enjoined enforcement of the Act. 

Summary Authors

Achutha Raman (10/15/2021)

Sophia Bucci (11/18/2022)

Simran Takhar (6/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59935566/parties/brandt-v-rutledge/


Judge(s)
Attorney for Plaintiff

Armbruster, Emily T. (Arkansas)

Beeney , Garrard R (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Askew, Jess L. III (Arkansas)

Baia, Elizabeth (District of Columbia)

Bershteyn, Boris (Arkansas)

Judge(s)

Moody, James Maxwell Jr. (Arkansas)

show all people

Documents in the Clearinghouse

Document

4:21-cv-00450

Docket [PACER]

Sept. 30, 2021

Sept. 30, 2021

Docket
1

4:21-cv-00450

Complaint for Declaratory and Injunctive Relief

May 25, 2021

May 25, 2021

Complaint
19

4:21-cv-00450

Statement of Interest of the United States

June 17, 2021

June 17, 2021

Pleading / Motion / Brief
64

4:21-cv-00450

Supplemental Order

Aug. 2, 2021

Aug. 2, 2021

Order/Opinion
193

4:21-cv-00450

21-02875

Appeal from United States District Court for the Eastern District of Arkansas - Central

U. S. Court of Appeals for the Eighth Circuit

Aug. 25, 2022

Aug. 25, 2022

Order/Opinion
226

4:21-cv-00450

21-02875

USCA Order

U. S. Court of Appeals for the Eighth Circuit

Nov. 16, 2022

Nov. 16, 2022

Order/Opinion
283

4:21-cv-00450

Findings of Fact and Conclusions of Law

June 20, 2023

June 20, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59935566/brandt-v-rutledge/

Last updated Feb. 7, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Michele Hutchison, Aaron Jennen, Donnie Saxton, Amanda Dennis, Dylan Brandt, Kathryn Stambough, Parker Saxton, Sabrina Jennen, Lacey Jennen, Joanna Brandt, Shayne Dennis, Brooke Dennis. (Filing Fee of $402 paid. Receipt #LIT082242.) Summons issued and returned to counsel for service. (Attachment: # 1 Civil Cover Sheet) (llg) (Entered: 05/26/2021)

1 Civil Cover Sheet

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May 25, 2021

May 25, 2021

Clearinghouse
2

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019444. Filed by All Plaintiffs (Attachments: # 1 Document, # 2 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
3

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019456. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
4

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019460. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
5

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019464. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
6

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4020079. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
7

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4020089. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
8

ORDER granting 2, 3, 4, 5, 6, 7 motions to admit counsel pro hac vice on behalf of Plaintiffs. Garrard R. Beeney, Alexander S. Holland, Jonathan J. Ossip, Laura Kabler Oswell, Chase Strangio, and Duncan C. Simpson LaGoy are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 05/27/2021. (llg) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
9

AFFIDAVIT by Dylan Brandt. (Attachments: # 1 Affidavit)(Echols, Sharon) (Entered: 06/08/2021)

1 Affidavit

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June 8, 2021

June 8, 2021

RECAP
10

AFFIDAVIT by Dylan Brandt. (Echols, Sharon) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

RECAP
11

MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit 1 - Declaration of Dylan Brandt, # 2 Exhibit 2 - Declaration of Joanna Brandt, # 3 Exhibit 3 - Declaration of Sabrina Jennen, # 4 Exhibit 4 - Declaration of Aaron and Lacey Jennen, # 5 Exhibit 5 - Declaration of Brooke Dennis, # 6 Exhibit 6 - Declaration of Shayne and Amanda Dennis, # 7 Exhibit 7 - Declaration of Parker Sexton, # 8 Exhibit 8 - Declaration of Donnie Sexton, # 9 Exhibit 9 - Declaration of Dr. Michele Hutchinson, # 10 Exhibit 10 - Declaration of Dr. Kathryn Stambough, # 11 Exhibit 11 - Declaration of Dr. Deanna Adkins, # 12 Exhibit 12 - Declaration of Dr. Armand H. Matheny Antommaria)(Walas, Breean) (Entered: 06/15/2021)

1 Exhibit 1 - Declaration of Dylan Brandt

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2 Exhibit 2 - Declaration of Joanna Brandt

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3 Exhibit 3 - Declaration of Sabrina Jennen

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4 Exhibit 4 - Declaration of Aaron and Lacey Jennen

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5 Exhibit 5 - Declaration of Brooke Dennis

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6 Exhibit 6 - Declaration of Shayne and Amanda Dennis

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7 Exhibit 7 - Declaration of Parker Sexton

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8 Exhibit 8 - Declaration of Donnie Sexton

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9 Exhibit 9 - Declaration of Dr. Michele Hutchinson

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10 Exhibit 10 - Declaration of Dr. Kathryn Stambough

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11 Exhibit 11 - Declaration of Dr. Deanna Adkins

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12 Exhibit 12 - Declaration of Dr. Armand H. Matheny Antommaria

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June 15, 2021

June 15, 2021

RECAP
12

BRIEF IN SUPPORT re 11 Motion for Preliminary Injunction,, filed by All Plaintiffs. (Walas, Breean) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

RECAP
13

NOTICE of Appearance by Nicholas J. Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
14

NOTICE of Appearance by Michael Cantrell on behalf of All Defendants (Cantrell, Michael) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
15

NOTICE of Appearance by Emily Yu on behalf of All Defendants (Yu, Emily) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
16

NOTICE of Appearance by Vincent Moore Wagner on behalf of All Defendants (Wagner, Vincent) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
17

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM () by All Defendants (Wagner, Vincent) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

RECAP
18

BRIEF IN SUPPORT re 17 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Wagner, Vincent) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

RECAP
19

STATEMENT of Interest of the United States re 1 filed by USA. (jap) (Docket text modified on 6/17/2021 to include filing party.)(cmn) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

Clearinghouse

NOTICE OF DOCKET CORRECTION re 19 Statement. CORRECTION: The docket text was modified to include correct the description to include, "filed by USA" as indicated by the document. (cmn)

June 17, 2021

June 17, 2021

PACER
20

NOTICE of Appearance by Ka Tina Rena Guest on behalf of Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs (Guest, Ka Tina) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
21

Emergency MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction ; and to Shorten Plaintiffs' Time to Respond to this Motion by All Defendants (Wagner, Vincent) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
22

ORDER granting 21 Defendants' motion for an extension of time conditionally on the Defendants' agreement to appear for a hearing on the motion for preliminary injunction and motion to dismiss. With that agreement, the Defendants will have up to and including 07/09/2021 to file their response to the 11 motion for preliminary injunction. The hearing on the motion for preliminary injunction and motion to dismiss is hereby scheduled for 7/21/2021, at 09:00 AM, in Little Rock Courtroom #4A before Judge James M. Moody Jr. Signed by Judge James M. Moody Jr. on 06/22/2021. (llg) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

RECAP
23

MOTION for Leave to File Brief of Amici Curiae by all Movants. (fjg) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

RECAP
24

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 23 Motion for Leave to File Amicus brief. Signed by Judge James M. Moody Jr. on 6/24/2021. (sjh) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
25

MOTION for Leave to Appear pro hac vice by D. Jean Veta. Fee $100 receipt number AAREDC-4042029. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
26

MOTION for Leave to Appear pro hac vice by Elizabeth Baia. Fee $100 receipt number AAREDC-4042032. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
27

MOTION for Leave to Appear pro hac vice by Michael J. Lanosa. Fee $100 receipt number AAREDC-4042045. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
28

MOTION for Leave to Appear pro hac vice by William R Isasi. Fee $100 receipt number AAREDC-4042049. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
29

MOTION for Leave to Appear pro hac vice by Cortlin H. Lannin. Fee $100 receipt number AAREDC-4042068. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
30

BRIEF filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health Brief of Amici Curiae American Academy of Pediatrics and Additional National and State Medical, Mental Health, and Educational Organizations in Support of Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Askew, Jess) (Entered: 06/24/2021)

1 Exhibit 1

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2 Exhibit 2

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June 24, 2021

June 24, 2021

RECAP
31

ORDER granting 25, 26, 27, 28, 29 motions to admit counsel pro hac vice. Signed by Judge James M. Moody Jr. on 06/25/2021. (ajt) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
32

NOTICE of Appearance by Michael J. Lanosa on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Lanosa, Michael) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
33

RESPONSE in Opposition re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Everett, Sarah) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

RECAP
34

NOTICE of Appearance by D. Jean Veta on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Veta, D.) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
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MOTION for Leave to File Brief of Amici Curiae by LiveRamp Holdings Inc, Acxiom LLC, Kinesso LLC, Northwest Arkansas Council, Arkansas State Chamber of Commerce, Walton Family Foundation Inc (Attachments: # 1 proposed Amicus Curiae) (jap) (Entered: 07/02/2021)

1 Document proposed Amicus Curiae

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July 2, 2021

July 2, 2021

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36

NOTICE of Appearance by Cortlin Hall Lannin on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Lannin, Cortlin) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
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NOTICE of Appearance by William R. Isasi on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Isasi, William) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
38

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 35 Motion for Leave to File Brief. Signed by Judge James M. Moody Jr. on 7/7/2021. (sjh) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
39

NOTICE of Appearance by Steven W. Quattlebaum on behalf of Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Quattlebaum, Steven) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
40

NOTICE of Appearance by John E. Tull, III on behalf of Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Tull, John) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
41

NOTICE of Appearance by Meredith Autumn Powell on behalf of Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Powell, Meredith) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
42

MOTION for Leave to Appear pro hac vice by Boris Bershteyn. Fee $100 receipt number AAREDC-4049038. Filed by Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Powell, Meredith) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
43

BRIEF filed by Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc Amicus Brief - July 7, 2021 (Powell, Meredith) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

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44

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by All Defendants. (Wagner, Vincent) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

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45

ADDENDUM filed by Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs to 44 Response in Opposition to Motion. Preliminary Injunction Exhibits (Attachments: # 1 Exhibit 1.Declaration of Stephen B. Levine, M.D., # 2 Exhibit 2.Declaration of Mark Regnerus, Ph.D., # 3 Exhibit 3.Declaration of Paul W. Hruz, M.D., Ph.D., # 4 Exhibit 4.Declaration of Patrick W. Lappert, M.D., # 5 Exhibit 5.Finland Evidence Review, # 6 Exhibit 6.Sweden Evidence Review, # 7 Exhibit 7.Sweden Karolinska Hospital Policy, # 8 Exhibit 8.Sweden Karolinska Hospital Guideline, # 9 Exhibit 9.UK NICE Evidence Review of Puberty Blockers, # 10 Exhibit 10.UK NICE Evidence Review of Cross-Sex Hormones, # 11 Exhibit 11.Cochrane Review, # 12 Exhibit 12.Brnstrm & Pachankis Correction, # 13 Exhibit 13.Brnstrm & Pachankis Letters to the Editor, # 14 Exhibit 14.James M. Cantor Article, # 15 Exhibit 15.Devita Singh, et al., Article, # 16 Exhibit 16.Michael Biggs, The Tavistocks Experimentation with Puberty Blockers., # 17 Exhibit 17.Michael Biggs, The Tavistocks Experiment with Puberty Blockers (Jul. 2019)., # 18 Exhibit 18.Steven H. Woolf Article, # 19 Exhibit 19.WPATH Guidelines, # 20 Exhibit 20.WPATH Position Statement on Medical Necessity, # 21 Exhibit 21.Endocrine Society Guidelines, # 22 Exhibit 22.American Psychological Association Guidelines, # 23 Exhibit 23.American Academy of Pediatrics Guidelines, # 24 Exhibit 24.DSM-5 Excerpt, # 25 Exhibit 25.Declaration of Roger Hiatt, Jr., M.D., # 26 Exhibit 26.Declaration of Christine Cryer., # 27 Exhibit 27.Declaration of Clifton Francis Burleigh, Jr., # 28 Exhibit 28.Declaration of Walt Heyer., # 29 Exhibit 29.Declaration of Laura Perry.)(Wagner, Vincent) (Entered: 07/09/2021)

1 Exhibit 1.Declaration of Stephen B. Levine, M.D.

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2 Exhibit 2.Declaration of Mark Regnerus, Ph.D.

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3 Exhibit 3.Declaration of Paul W. Hruz, M.D., Ph.D.

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4 Exhibit 4.Declaration of Patrick W. Lappert, M.D.

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5 Exhibit 5.Finland Evidence Review

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6 Exhibit 6.Sweden Evidence Review

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7 Exhibit 7.Sweden Karolinska Hospital Policy

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8 Exhibit 8.Sweden Karolinska Hospital Guideline

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9 Exhibit 9.UK NICE Evidence Review of Puberty Blockers

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10 Exhibit 10.UK NICE Evidence Review of Cross-Sex Hormones

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11 Exhibit 11.Cochrane Review

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12 Exhibit 12.Brnstrm & Pachankis Correction

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13 Exhibit 13.Brnstrm & Pachankis Letters to the Editor

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14 Exhibit 14.James M. Cantor Article

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15 Exhibit 15.Devita Singh, et al., Article

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16 Exhibit 16.Michael Biggs, The Tavistocks Experimentation with Puberty Blockers.

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17 Exhibit 17.Michael Biggs, The Tavistocks Experiment with Puberty Blockers (Jul.

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18 Exhibit 18.Steven H. Woolf Article

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19 Exhibit 19.WPATH Guidelines

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20 Exhibit 20.WPATH Position Statement on Medical Necessity

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21 Exhibit 21.Endocrine Society Guidelines

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22 Exhibit 22.American Psychological Association Guidelines

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23 Exhibit 23.American Academy of Pediatrics Guidelines

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24 Exhibit 24.DSM-5 Excerpt

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25 Exhibit 25.Declaration of Roger Hiatt, Jr., M.D.

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26 Exhibit 26.Declaration of Christine Cryer.

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27 Exhibit 27.Declaration of Clifton Francis Burleigh, Jr.

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28 Exhibit 28.Declaration of Walt Heyer.

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29 Exhibit 29.Declaration of Laura Perry.

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July 9, 2021

July 9, 2021

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46

NOTICE of Appearance by Elizabeth Baia on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Baia, Elizabeth) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
47

UNOPPOSED MOTION for Leave to File Brief as Amici Curiae by Alabama, State of, Alaska, State of, Arizona, State of, Georgia, State of, Idaho, State of, Indiana, State of, Kansas, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Texas, State of (Attachments: # 1 proposed Amici Curiae Brief). (jap) (Entered: 07/14/2021)

1 Document proposed Amici Curiae Brief

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July 13, 2021

July 13, 2021

PACER
48

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 47 Motion for Leave to File brief. Signed by Judge James M. Moody Jr. on 7/14/2021. (sjh) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
49

BRIEF as Amici Curiae re 44 Response in Opposition to Motion for Preliminary Injunction filed by State of Alabama, Alaska, Arizona, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, AND Texas. (Hogue, David) (Docket text modified on 7/15/2021 to correct the description of the document filed and the party filers) (jak) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

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NOTICE OF DOCKET CORRECTION re 49 Brief in Support. CORRECTION: The docket text was modified to correct the description of the document filed and the party filers as "BRIEF as Amici Curiae re 44 Response in Opposition to Motion for Preliminary Injunction filed by State of Alabama, Alaska, Arizona, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, AND Texas" as marked on the document. (jak)

July 15, 2021

July 15, 2021

PACER
50

NOTICE of Appearance by James D. Esseks on behalf of All Plaintiffs (Esseks, James) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
51

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction Reply Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 13 - Declaration of Dr. Jack Turban, # 2 Exhibit 14 - Supplemental Declaration of Dr. Deanna Adkins, # 3 Exhibit 15 - Supplemental Declaration of Dr. Armand H. Matheny Antommaria)(Walas, Breean) (Entered: 07/16/2021)

1 Exhibit 13 - Declaration of Dr. Jack Turban

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2 Exhibit 14 - Supplemental Declaration of Dr. Deanna Adkins

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3 Exhibit 15 - Supplemental Declaration of Dr. Armand H. Matheny Antommaria

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July 16, 2021

July 16, 2021

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52

ORDER authorizing Chase Strangio, Leslie Cooper, Duncan Simpson, James Esseks, and Elsa Rainey to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, on Wednesday, 07/21/2021, for the motion hearing. Signed by Judge James M. Moody Jr. on 07/19/2021. (llg) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

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53

MOTION for Leave to Appear pro hac vice by Alexander Barrett Bowdre. Fee $100 receipt number AAREDC-4054961. Filed by Alabama, State of. (cmn) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
54

MOTION for Leave to Appear pro hac vice by Edmund G. LaCour Jr. Fee $100 receipt number AAREDC-4054931. Filed by Alabama, State of. (cmn) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
55

ADDENDUM filed by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs to 44 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 30.Supplemental Declaration of Stephen B. Levine, M.D., # 2 Exhibit Exhibit 31.Supplemental Declaration of Mark Regnerus, Ph.D., # 3 Exhibit Exhibit 32.Supplemental Declaration of Paul W. Hruz, M.D., Ph.D., # 4 Exhibit Exhibit 33.Roberto DAngelo, et al. Article)(Wagner, Vincent) (Entered: 07/19/2021)

1 Exhibit Exhibit 30.Supplemental Declaration of Stephen B. Levine, M.D.

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2 Exhibit Exhibit 31.Supplemental Declaration of Mark Regnerus, Ph.D.

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3 Exhibit Exhibit 32.Supplemental Declaration of Paul W. Hruz, M.D., Ph.D.

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4 Exhibit Exhibit 33.Roberto DAngelo, et al. Article

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July 19, 2021

July 19, 2021

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56

ORDER granting the motions to admit counsel pro hac vice on behalf of Amici Curiae the State of Alabama 53 and 54 . Signed by Judge James M. Moody Jr. on 07/20/2021. (llg) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

PACER
57

ORDER granting 42 motion to admit counsel pro hac vice on behalf of Amici Curiae, LiveRamp Holdings, Inc., Acxiom LLC, Kinesso, LLC, the Northwest Arkansas Council, the Arkansas State Chamber of Commerce, and the Walton Family Foundation, Inc. Signed by Judge James M. Moody Jr. on 07/20/2021. (llg) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

PACER
58

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.: MOTION HEARING held on 7/21/2021. Chase Strangio, Breean Walas, and Duncan C. Simpson LaGoy present for Plaintiffs; Vincent Wagner, Ka Tina Guest, Michael Cantrell, Nicholas Bronni, and Emily Yu present for Defendants. After argument from counsel, the Court GRANTS 11 Plaintiffs' MOTION for Preliminary Injunction and DENIES 17 Defendants' MOTION to Dismiss for the reasons stated on the record. A final hearing date will be set. (Court Reporter: Karen Dellinger.) (kog) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
59

ORDER denying 17 Defendants' Motion to Dismiss; and granting 11 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge James M. Moody Jr. on 07/21/2021. (ajt) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

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60

TRANSCRIPT of Motion Hearing held on 7/21/2021, before Judge James M. Moody Jr. Court Reporter Karen Dellinger. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 8/2/2021. Redaction Request due 8/16/2021. Redacted Transcript Deadline set for 8/26/2021. Release of Transcript Restriction set for 10/25/2021. (fcd) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
61

Mail Returned Undeliverable as to Shayne Dixon Smith re 52 Order. (fjg) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
62

Unopposed MOTION to Extend Time to File Motion for Attorneys' Fees and Costs by All Plaintiffs (Everett, Sarah) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
63

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 62 Motion to Extend Time to file motion for attorneys' fees. Signed by Judge James M. Moody Jr. on 8/2/2021. (sjh) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
64

SUPPLEMENTAL ORDER: Defendants and successors in office are enjoined from enforcing any provision of House Bill 1570, Act 626 of the 93rd General Assembly of Arkansas, to be codified at Ark. Code Ann. §§ 20-9-1501 to 20-9-1504 and 23-79-164 during the pendency of the litigation of this case. Signed by Judge James M. Moody Jr. on 08/02/2021. (llg) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

Clearinghouse
65

MOTION to Withdraw as Attorney Emily Yu by All Defendants (Yu, Emily) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
66

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 65 Motion to Withdraw as Attorney. Attorney Emily Yu terminated. Signed by Judge James M. Moody Jr. on 8/19/2021. (sjh) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
67

NOTICE OF INTERLOCUTORY APPEAL as to 64 Order, 59 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs. (Wagner, Vincent) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

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68

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 67 Notice of Interlocutory Appeal re 59 Order and 64 Supplemental Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (cmn) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

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69

USCA Docketing Letter as to 67 Notice of Interlocutory Appeal, filed by Don R Philips, Brian T Hyatt, Veryl D Hodges, Robert Breving, Jr, Sylvia D Simon, Timothy C Paden, Edward Gardner, Rodney Griffin, Betty Guhman, John H Scribner, Amy E Embry, William L Rutledge, Leslie Rutledge, David L Staggs, Elizabeth Anderson, Rhys L Branman. USCA Case Number 21-2875. (jbh) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

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70

USCA Scheduling Order as to 67 Notice of Interlocutory Appeal, filed by Don R Philips, Brian T Hyatt, Veryl D Hodges, Robert Breving, Jr, Sylvia D Simon, Timothy C Paden, Edward Gardner, Rodney Griffin, Betty Guhman, John H Scribner, Amy E Embry, William L Rutledge, Leslie Rutledge, David L Staggs, Elizabeth Anderson, Rhys L Branman. Transcript due by 10/4/2021. (jbh) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

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71

USCA Appeal Fees received $505.00 Receipt # LIT083416 re 67 Notice of Interlocutory Appeal, filed by all Defendants. (fjg) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
72

MOTION for Order ; specifically Motion for Scheduling Order by All Plaintiffs (Attachments: # 1 Exhibit A - Proposed Final Scheduling Order)(Walas, Breean) (Entered: 09/09/2021)

1 Exhibit A - Proposed Final Scheduling Order

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Sept. 9, 2021

Sept. 9, 2021

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73

ANSWER to 1 Complaint, by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs.(Wagner, Vincent) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

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74

RESPONSE in Opposition re 72 MOTION for Order ; specifically Motion for Scheduling Order filed by All Defendants. (Wagner, Vincent) (Entered: 09/23/2021)

Sept. 23, 2021

Sept. 23, 2021

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75

REPLY to Response to Motion re 72 MOTION for Order ; specifically Motion for Scheduling Order filed by All Plaintiffs. (Everett, Sarah) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

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76

FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 7/25/2022 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 12/17/2021; Motions due by 4/22/2022; Pretrial Disclosure Sheet due by 5/31/2022; Status Report due by 4/29/2022. Signed at the Direction of the Court on 9/30/2021. (kog) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

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77

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 72 Motion for Scheduling Order. Signed by Judge James M. Moody Jr. on 9/30/2021. (sjh) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
78

REPORT of Rule 26(f) Planning Meeting by Dylan Brandt, Joanna Brandt, Amanda Dennis, Brooke Dennis, Shayne Dennis, Michele Hutchison, Aaron Jennen, Lacey Jennen, Sabrina Jennen, Donnie Saxton, Parker Saxton, Kathryn Stambough. (Everett, Sarah) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

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79

Unopposed MOTION for Extension of Time to Complete Discovery up to and including February 25, 2022 by Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, Sylvia D Simon, David L Staggs (Guest, Ka Tina) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

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80

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 79 Motion for Extension of Time to Complete Discovery until February 25, 2022. Signed by Judge James M. Moody Jr. on 11/17/2021. (sjh) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER
81

MOTION for Leave to Appear pro hac vice by Brandyn J Rodgerson. Fee $100 receipt number AAREDC-4173174. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
82

ORDER granting 81 motion to admit counsel pro hac vice. Brandyn J. Rodgerson is hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 12/28/2021. (jbh) (Entered: 12/29/2021)

Dec. 28, 2021

Dec. 28, 2021

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83

Mail Returned Undeliverable as to Shayne Dixon Smith re 82 Order. (fjg) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

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84

MOTION for Order to Show Cause and to Compel Production of Documents by All Plaintiffs (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Walas, Breean) (Entered: 01/20/2022)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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Jan. 20, 2022

Jan. 20, 2022

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85

BRIEF IN SUPPORT re 84 Motion for Order to Show Cause, and to Compel Production of Documents filed by All Plaintiffs. (Walas, Breean) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

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86

NOTICE of Appearance by Dylan L. Jacobs on behalf of All Defendants (Jacobs, Dylan) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
87

Unopposed MOTION for Extension of Time to File Response/Reply as to 84 MOTION for Order to Show Cause and to Compel Production of Documents by Respondent Legislators by All Defendants (Jacobs, Dylan) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
88

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 87 Unopposed Motion for Extension of Time to File Response. Response due by 2/17/2022. Signed by Judge James M. Moody Jr. on 2/1/2022. (sjh) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
89

STIPULATION Stipulated Protective Order by Dylan Brandt, Joanna Brandt, Amanda Dennis, Brooke Dennis, Shayne Dennis, Michele Hutchison, Aaron Jennen, Lacey Jennen, Sabrina Jennen, Donnie Saxton, Parker Saxton, Kathryn Stambough. (Walas, Breean) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

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90

STIPULATED PROTECTIVE ORDER. Signed by Judge James M. Moody Jr. on 2/7/2022. (jbh) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
91

MOTION to Withdraw as Attorney by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs (Guest, Ka Tina) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
92

MOTION to Withdraw as Attorney by All Defendants (Wagner, Vincent) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
93

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 91 Motion to Withdraw as Attorney. Attorney Ka Tina Rena Guest terminated; granting 92 Motion to Withdraw as Attorney. Attorney Vincent Moore Wagner terminated. Signed by Judge James M. Moody Jr. on 2/15/2022. (sjh) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
94

RESPONSE in Opposition re 84 MOTION for Order to Show Cause and to Compel Production of Documents by Respondent Legislators filed by All Defendants. (Jacobs, Dylan) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

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95

STIPULATION and Proposed Order by Dylan Brandt, Joanna Brandt, Amanda Dennis, Brooke Dennis, Shayne Dennis, Michele Hutchison, Aaron Jennen, Lacey Jennen, Sabrina Jennen, Donnie Saxton, Parker Saxton, Kathryn Stambough. (Attachments: # 1 Document Proposed Final Scheduling Order)(Holland, Alexander) (Entered: 02/23/2022)

1 Document Proposed Final Scheduling Order

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Feb. 23, 2022

Feb. 23, 2022

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96

REPLY to Response to Motion re 84 MOTION for Order to Show Cause and to Compel Production of Documents filed by All Plaintiffs. (Walas, Breean) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

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97

Mail Returned Undeliverable as to Shayne Dixon Smith re 93 Text Entry Only Order. Resent to updated address. (fjg) (Entered: 02/28/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
98

ORDER granting in part and denying in part 84 Motion for Order to Show Cause and to Compel Production of Documents. The Legislators' objections to Plaintiffs' subpoena duces tecum are overruled. The Legislators are directed to file a privilege log with the Court within ten (10) days of this Order. The Court grants the parties' Stipulation and Proposed Scheduling Order except for the proposed trial date which will be scheduled to begin the week of 10/17/2022. A new scheduling order will follow. Signed by Judge James M. Moody Jr. on 2/28/2022. (fcd) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

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Case Details

State / Territory: Arkansas

Case Type(s):

Child Welfare

Speech and Religious Freedom

Key Dates

Filing Date: May 25, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four transgender minors, their parents, and their doctors

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the State of Arkansas, State

Arkansas State Medical Board, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2023 - None

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Juveniles

Discrimination-area:

Medical Exam / Inquiry

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Sex discrimination

Medical/Mental Health:

Medical care, general