Arkansas GOP Bill Targets Hairdressers and Teachers for Affirming Trans Youth

Arkansas Republicans are taking their anti-trans agenda to new extremes with a bill that could lead to lawsuits against anyone who affirms a young person’s gender identity—including hairdressers, teachers, and even out-of-state supporters.

A Law Designed to Intimidate

H.B. 1668, introduced by Rep. Mary Bentley (R) and Sen. Alan Clark (R), weaponizes civil litigation against those who support transgender minors in any form of social transition. While Arkansas already attempted to ban gender-affirming healthcare—only to have the law struck down by a federal judge in 2023—this new bill takes a different approach: it allows parents to sue for damages ranging from $10,000 to $10 million against individuals and organizations that assist or affirm trans youth.

What the Bill Targets

The bill defines social transitioning as any action where a minor “adopts or espouses a gender identity that differs from the minor’s biological sex,” which includes changes in clothing, pronouns, names, and even hairstyles. This broad language means that a hairdresser giving a trans teen a gender-affirming haircut, a teacher using a student’s chosen name, or a nonprofit providing resources could all face lawsuits.

Legal and Constitutional Concerns

The ACLU of Arkansas and local advocacy group Intransitive warn that the bill is designed to create a climate of fear and silence support networks for transgender youth. The law’s vague language and extreme penalties make it ripe for abuse, even if it’s unlikely to survive legal challenges.

“H.B. 1668 fosters a climate of fear, where doctors, teachers, and even parents risk financial ruin simply for supporting transgender youth. It is a blatant overreach of government power.”

During a hearing before the Arkansas House Judiciary Committee on March 18, a representative from the state attorney general’s office even admitted that the bill likely violates the First Amendment’s free speech protections.

“Things like a haircut, even clothing, or even the use of pronouns—that’s all speech. When you are providing a civil cause of action for certain forms of speech, that has to pass a very, very high constitutional bar, and we don’t think this bill can.”

Weaponizing Lawsuits to Silence Support

This bill is part of a larger national effort by conservatives to use legal intimidation against those who support trans rights. It follows similar “bounty hunter” laws, like Texas’s abortion ban, which deputizes private citizens to enforce controversial policies through lawsuits rather than criminal penalties.

Experts warn that even if the law is ultimately struck down, the financial and emotional toll of defending against lawsuits could discourage teachers, doctors, and even parents from supporting trans minors. “It’s state-mandated bullying,” one civil rights attorney put it, arguing that the bill is designed not to pass legal muster but to send a chilling message.

The Bigger Picture

Arkansas has already suffered legal defeats in its attempts to restrict trans rights, including its previous attempt to ban gender-affirming medical care for minors. But H.B. 1668 signals a shift in strategy: if outright bans fail, conservative lawmakers are now trying to make support for trans youth legally and financially ruinous.

While the bill’s fate is uncertain, one thing is clear: the Arkansas GOP remains committed to making life harder for transgender people and their allies. As civil rights groups prepare legal challenges, the fight over trans rights in Arkansas is far from over.