Arkansas transgender laws restrict gender-affirming medical care for minors, limit transgender students’ participation in sports and use of school restrooms, control how teachers address students, tie driver’s license gender markers to birth certificates that themselves require proof of surgery to amend, and leave gender identity out of state anti-discrimination law while barring cities from filling the gap.
Medical 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 anyone 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 bars referrals: an Arkansas provider cannot send a minor to another provider for these procedures.
There are narrow exceptions. The prohibition does not apply to children born with medically verifiable disorders of sex development, to treatment of complications from a prior gender transition procedure, or to emergencies where a physician certifies imminent danger of death or serious bodily harm without surgery.3Justia. Arkansas Code 20-9-1502 – Prohibition of Gender Transition Procedures Violators face discipline from their licensing board and can be sued for damages. State Medicaid funds cannot reimburse these procedures for minors, and private insurers may deny coverage for gender-affirming care at any age.
The law was blocked by a federal district court, but the Eighth Circuit reversed that ruling and found the ban survives constitutional review.4United States Court of Appeals for the Eighth Circuit. Brandt v. Rutledge, No. 23-2681 In June 2025 the U.S. Supreme Court decided United States v. Skrmetti, holding that Tennessee’s comparable ban does not violate the Fourteenth Amendment’s equal protection guarantee under rational basis review.5Supreme Court of the United States. United States v. Skrmetti, No. 23-477 That ruling leaves the SAFE Act on solid federal footing.
School Sports
The Fairness in Women’s Sports Act (Act 343 of 2021) requires every school-sponsored athletic team in 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.6Justia. Arkansas Code 6-1-107 – Fairness in Women’s Sports Act The rule reaches from elementary school through college.
Enforcement runs through private lawsuits. A student who loses an athletic opportunity because a school violated the act can sue for injunctive relief, damages for psychological, emotional, or physical harm, and reasonable attorney’s fees. A student who faces retaliation for reporting a violation has the same right. Claims must be filed within two years of the harm.6Justia. Arkansas Code 6-1-107 – Fairness in Women’s Sports Act
Restrooms and Changing Areas in Schools
Public and charter schools serving pre-kindergarten 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 who is unwilling or unable to use the facility matching their sex must be offered a reasonable accommodation, which can include access to a single-occupancy restroom or changing area. Schools do not have to build new single-occupancy facilities.
Names and Pronouns at School
The Given Name Act (Act 542 of 2023) controls how school employees address students. A teacher or other employee cannot use a pronoun, title, or name that differs from a student’s biological sex or the name on the birth certificate unless the student’s parent or guardian gives written permission. The rule applies to every student under 18.8Justia. Arkansas Code 6-1-108 – Given Name Act
Parental consent creates permission but not an obligation. Even with written permission, no school employee can be forced to use a name other than what appears on the birth certificate or a pronoun inconsistent with the student’s biological sex, and the law shields employees who decline from adverse employment action.
Changing ID Documents
Birth Certificates
The Arkansas Department of Health will amend the sex designation on a birth certificate only with a certified court order that specifically states the person’s sex has been changed by surgical procedure.9Justia. Arkansas Code 20-18-307 – Amendment of Vital Records An attorney is typically needed to obtain the order, and a name change can be included in the same petition.10Arkansas Department of Health. Change Sex and Name on a Birth Record
Driver’s Licenses and State IDs
Rules adopted by the Arkansas Department of Finance and Administration in 2024 tie driver’s license gender markers directly to birth certificates. To change the gender on a license or state ID, you must present an original or certified copy of an amended birth certificate, either from Arkansas under ยง 20-18-307 or from another state’s vital records office.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 same rules eliminated the “X” gender marker; Arkansas will not issue a license or ID that displays “X” or omits gender information. Because amending the birth certificate already requires proof of surgery and a court order, changing a license marker now demands the same.
Passports and Social Security
Federal documents shifted in January 2025, when an executive order directed federal agencies to ensure that passports, visas, and other government-issued IDs reflect biological sex as classified at birth rather than gender identity.12The White House. Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government New and renewed passports display sex assigned at birth, and the “X” option has been removed. Passports issued earlier with an “X” or an identity-based marker remain valid until they expire; renewing or replacing them triggers the current policy. Under the same order, changing the sex or gender designation on a Social Security record is not available as of early 2026, though legal name changes with a court order are still processed. These federal restrictions are being challenged in litigation and could change.
Legal Name Changes
Arkansas law lets any person petition the circuit court for a name change. The petition must be written, verified, and state the reasons for the request. If the court finds the reasons sufficient, it issues an order reflecting 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 applicants or add requirements based on the reason. The clerk delivers copies of the order to the Arkansas Crime Information Center and Arkansas Driver Control, and to the Division of Vital Records at the petitioner’s request. 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.
Discrimination Protections
Arkansas does not include gender identity or sexual orientation as protected classes in its state employment or housing nondiscrimination laws. There is no state-level protection against being fired, denied housing, or refused service in a public accommodation because of gender identity. The state also preempts local governments from adding protected classes beyond what state law recognizes, so cities and counties cannot pass their own nondiscrimination ordinances to fill the gap.
Federal law still reaches some situations. In Bostock v. Clayton County (2020), the U.S. Supreme Court held that Title VII of the Civil Rights Act prohibits employment discrimination based on transgender status as a form of sex discrimination. That protection applies to employers with 15 or more employees. Federal enforcement priorities and agency interpretations of sex discrimination have shifted under different administrations, so the practical strength of the protection can vary.