Asa Hutchinson, Arkansas’ Governor, caused a stir when he vetoed a bill that would have banned gender-affirming surgery and medicine for minors. But before anyone thinks this was a sign that a Republican Governor (outside of the North-East) was showing compassion and understanding for disadvantaged members of society, they should consider Hutchinson’s history.
In 2015, as a newly minted Governor, he signed into law legislation that would prohibit localities from extending civil rights protections to LGBTQ+ individuals. Arkansas allowed discrimination in the workplace, housing, and business on the basis of gender identity and sexual orientation and Hutchinson wasn’t about to allow pockets of decency to fester in the empathetic areas of the state.
In February 2019, Hutchinson signed a bill criminalizing abortion in the event Roe is overturned. This despite his ‘reservations’ about the lack of exceptions for rape and incest. The subtext is that Hutchison was hoping this bill might open the door for the Supreme Court to allow states to decide their own abortion policies. He maintained his desire for the rape/incest exception was long held. However, he did admit his real regret was that the lack of exceptions made SCOTUS less likely to take up the issue.
"SB6 is in contradiction of binding precedents of the U.S. Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law. I would have preferred the legislation to include the exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances for a review by the U.S. Supreme Court."
In March 2021, Hutchinson signed into law legislation that would allow doctors to refuse non-emergency medical treatment to LGBTQ+ individuals based on moral objections. Although I have no idea how it is moral to deny medical treatment to someone based on inherent qualities. I also wonder how many medical professionals were demanding this ability to refuse treatment? Is it a thing — or just political theatre? Like I wonder how many bakers actually want to deny wedding cakes to gay nuptials?
But back to Hutchinson. This raises the question: having established that he was 100% in lockstep with the vilest bigots in the hood — and that tactical considerations wouldn’t stand in the way of oppressing people — why did he veto the trans bill? In his words:
"My own personal view that this is too extreme, it was too broad and did not grandfather in those young people who are currently under hormone treatment.”
“This puts a very vulnerable population in a more difficult position. It sends the wrong signal to them."
"We did not want to interrupt treatment that the parents had agreed to, the patient had agreed to and the physician recommended."
Further, he supported the idea that conservatives should be reluctant to use government as a club:
"The Republican Party that I grew up with believed in a restrained government that did not jump in the middle of every issue."
He also gave a nod to the sacred bond between doctor and patient
"Let's give some more deference to the medical professionals."
It sounds like he is doing great — showing compassion, limiting government, and leaving medicine to the professionals. But don’t be fooled. He signed into law a bill barring transgender athletes from competing on sports teams matching their gender identity. And he approves of a measure banning transgender minors from undergoing sex-change surgery.
You can debate the mental maturity of minors all you want. But the proper place to address the psychological, surgical, and hormonal needs of an adolescent transgender is not the statehouse or the church. I do not know how many Arkansas politicians have medical/psychological training specific to transgender development — but it is probably none.
And unlike smoking, drinking, getting inked, serving in the military, signing contracts, and all the other things that are forbidden to minors, addressing gender identity younger may well produce better outcomes. Perhaps surgery can be postponed while hormones are introduced earlier — but I don’t know. And that’s my point — neither do politicians. It must be left to the transgender individual with help from trusted family members and qualified professionals.
I wish I could report a happy ending to this — that empathy and common sense had prevailed. But Arkansas has a reputation for bible thumping and science denial. And the Arkansas legislature proved it by overturning Hutchinson’s veto. So to those young Razorbacks who want to be free to present as the sex they are, I wish them luck. And hope they have the means to get to places where the law respects the individual. And doesn’t promote senseless bigotry.