Arkansas transgender laws restrict gender-affirming medical care for anyone under 18, bar transgender girls and women from female school sports teams, control which restrooms transgender students may use, limit how teachers may address them, and tie the sex marker on state IDs to a surgically amended birth certificate. The state also offers no anti-discrimination protections based on gender identity and prevents cities and counties from creating their own.
Ban on Gender-Affirming Care for Minors
The Save Adolescents From Experimentation (SAFE) Act, passed as Act 626 of 2021, prohibits doctors and other healthcare professionals from providing gender transition procedures to patients under 18.1Arkansas State Legislature. HB1570 – To Create the Arkansas Save Adolescents From Experimentation (SAFE) Act The ban covers surgery that alters sex-typical physical characteristics, puberty-blocking drugs, and cross-sex hormones.2Justia. Arkansas Code 20-9-1501 – Definitions It also forbids referrals, so a provider cannot send a minor to another clinician for care that would be prohibited in Arkansas.
Three narrow exceptions apply: children born with medically verifiable disorders of sex development, treatment of complications from a prior gender transition procedure, and emergencies where a physician certifies the minor faces imminent danger of death or serious bodily harm without surgery.3Justia. Arkansas Code 20-9-1502 – Prohibition of Gender Transition Procedures
Providers who violate the ban face discipline from their licensing boards and private lawsuits for damages. Medicaid will not reimburse these procedures for minors, and private insurers may deny coverage for gender-affirming care at any age.
Where the Courts Stand
A federal district court initially blocked the SAFE Act, but the Eighth Circuit reversed, holding the law survives rational basis review under the Equal Protection and Due Process Clauses and intermediate scrutiny under the First Amendment.4United States Court of Appeals for the Eighth Circuit. Brandt v. Rutledge, No. 23-2681 In June 2025, the U.S. Supreme Court upheld Tennessee’s similar ban in United States v. Skrmetti, applying rational basis review and finding age- and diagnosis-based restrictions rationally related to protecting minors’ health.5Supreme Court of the United States. United States v. Skrmetti, No. 23-477 The SAFE Act is in force, and future constitutional challenges face a steep climb.
School Sports
The Fairness in Women’s Sports Act (Act 343 of 2021) requires every school-sponsored athletic team at Arkansas public schools and state-funded universities to be designated male, female, or coed. Teams designated for females cannot include students whose biological sex is male, from elementary school through college.6Justia. Arkansas Code 6-1-107 – Fairness in Women’s Sports Act A student who loses an athletic opportunity because a school violates the act, or who faces retaliation for reporting a violation, can sue for injunctive relief, damages, and attorney’s fees within two years of the harm.
Restrooms and Changing Areas
Public and charter schools serving pre-K through 12th grade must designate every multi-person restroom and changing area for the exclusive use of one sex, determined by genetics and physiology. Schools may rely on a student’s original birth certificate.7Justia. Arkansas Code 6-21-120 – Public School Restrooms – Designation Based on Sex – Definitions A student unwilling or unable to use the facility matching their sex must be given a reasonable accommodation, which can include a single-occupancy restroom or changing area. Schools are not required to build new single-occupancy facilities.
Names and Pronouns at School
The Given Name Act (Act 542 of 2023) bars school employees from using a name, pronoun, or title that differs from a student’s biological sex or birth certificate name unless the student’s parent or guardian provides written permission. This applies to all students under 18.8Justia. Arkansas Code 6-1-108 – Given Name Act
Even with parental permission, no employee can be compelled to comply. The statute protects staff from adverse employment action if they decline to use a chosen name or pronoun. Written parental consent creates permission for teachers who want to use it, not an obligation for those who don’t.
Changing an Arkansas Birth Certificate
Amending the sex designation on an Arkansas birth certificate requires a certified court order specifically stating that the person’s sex has been changed by surgical procedure.9Justia. Arkansas Code 20-18-307 – Amendment of Vital Records Without that order, the Department of Health will not process the change, and an attorney is typically needed to obtain it.10Arkansas Department of Health. Change Sex and Name on a Birth Record A name change can be included in the same order.
Changing a Driver’s License or State ID
Rules the Department of Finance and Administration adopted in 2024 require an original or certified copy of an amended birth certificate, from Arkansas or another state’s vital records office, to change the gender marker on a driver’s license or state ID.11Arkansas Department of Finance and Administration. Rules for Gender Information Required to be Displayed on an Arkansas Driver’s License or State Identification Card The “X” marker was eliminated at the same time; Arkansas will not issue a license or ID that displays “X” or leaves the gender field blank. Because an amended birth certificate itself requires proof of surgery and a court order, so, effectively, does a changed license.
Federal Documents
State ID rules are not the whole picture. A January 2025 executive order directs federal agencies, including the State Department and Department of Homeland Security, to issue passports, visas, and other federal IDs that reflect biological sex as classified at birth.12The White House. Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government New and renewed passports display sex at birth, and the “X” option has been removed. Previously issued passports with an “X” or a gender identity-based marker remain valid until they expire; renewing or replacing one triggers the current rules.
Social Security is affected by the same order. As of early 2026, updating the sex or gender field on a Social Security record is not available. Legal name changes on Social Security records remain permitted with a court order. These federal restrictions are being challenged in court, so the policy may shift.
Legal Name Changes
Arkansas law lets any person petition the circuit court for a name change. The petition must be written, verified, and explain the reasons for the request. If the court finds the reasons sufficient, it issues an order with the old name, new name, birth date, and identifying information.13Justia. Arkansas Code 9-2-101 – Name Change The statute does not single out transgender petitioners or impose extra requirements based on the reason for the change. A petitioner who shows by clear and convincing evidence that public access to the file would endanger them can ask the court to seal it. Filing fees vary by county but generally fall in the range of a few hundred dollars.
Discrimination Protections
Arkansas does not list gender identity or sexual orientation as protected classes in its state employment or housing nondiscrimination laws. There is no state protection against being fired, denied housing, or refused service in a public accommodation because of gender identity. Arkansas also preempts local governments from filling the gap: cities and counties cannot pass their own nondiscrimination ordinances adding protected classes beyond those state law recognizes.
Some federal protections still apply. The U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County held that Title VII of the Civil Rights Act prohibits employment discrimination based on transgender status as a form of sex discrimination, covering employers with 15 or more employees. Enforcement priorities and agency interpretations of sex discrimination have shifted across administrations, so the practical reach of this protection can vary.