A frightening update coming out of Arkansas that we were made aware of thanks to reporting from Ryan Adamczeski at The Advocate and social media posts from hairstylists. A new bill being proposed by Arkansas Republicans would allow lawsuits against people who support transgender youth’s “social transitions,” including changes in “clothing, pronouns, hairstyle, and name,” that differ from a minor’s “biological sex as determined by the sex organs, chromosomes, and endogenous profiles of the minor.”
People, like hairstylists.
What You Need to Know About HB1668
HB1668, the so-called “Vulnerable Youth Protection Act,” authorizes civil action (lawsuits) against anyone who “knowingly caused or contributed” to the social transitioning (defined above) or to “castration, sterilization or mutilation” of a minor. A minor or their parents may bring an action, against someone who “knowingly caused or contributed” not later than twenty years “after the date that the cause of action accrues.”
Importantly, the ACLU of Arkansas states that the bill “falsely equates gender-affirming care with ‘castration, sterilization, or mutilation’ and attempts to stigmatize accepted medical practices endorsed by the American Medical Association and the American Academy of Pediatrics.
The ACLU of Arkansas also makes clear that the bill “applies ‘extraterritorially,’ meaning it could target out-of-state people and providers who assist Arkansas residents in accessing gender-affirming care.” And, specific to hairstylists, the ACLU of Arkansas writes, “Hairdressers who cut a trans teen’s hair, teachers who use a student’s chosen name, and nonprofits that offer support could all face frivolous lawsuits. These cases would be extremely unlikely to hold up in court, but the bill’s intent is to scare people into silence and deter that from providing respect, dignity, and care to LGBTQ youth.”
There are financial penalties, statutory damages of at least $10,000.00 per defendant and punitive damages of $10 million for certain medical interventions.
How Hairstylists Are Responding
As to be expected, hairstylists are sounding the alarm, warning each other about what this could mean should HB1668 pass. Elyse Rox was one of the very first to catch our attention with a video post titled “Hairstylist can be sued for giving a haircut,” in which she detailed the proposed bill’s aims.
Hair Has No Gender, an organization founded by award-winning hairstylist Jamie DiGrazia, proudly a member of the LGBTQ+ community, is focused on creating gender-affirming spaces for all and teaching business owners to lead and operate from a place of love, inclusiveness, and acceptance. Not surprisingly, they came out against the bill as well with a post of their own.
Both Rox and Hair Has No Gender encouraged their followers to spread the word about HB1668 and suggested they contact local representatives to voice their opposition. The ACLU of Arkansas suggests the same actions.
