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Arkansas House Bill HB1668

Arkansas 2025 Regular Session

Arkansas House Bill HB1668 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1668 3
66 4
77 By: Representative Bentley 5
88 By: Senator A. Clark 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE THE VULNERABLE YOUTH PROTECTION ACT; 9
1212 TO AUTHORIZE A CIVIL ACTION FOR SOCIAL TRANSITIONING 10
1313 AND CASTRATION, STERILIZATION, OR MUTILATION OF A 11
1414 MINOR; AND FOR OTHER PURPOSES. 12
1515 13
1616 14
1717 Subtitle 15
1818 TO CREATE THE VULNERABLE YOUTH 16
1919 PROTECTION ACT; AND TO AUTHORIZE A CIVIL 17
2020 ACTION FOR SOCIAL TRANSITIONING AND 18
2121 CASTRATION, STERILIZATION, OR MUTILATION 19
2222 OF A MINOR. 20
2323 21
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
2525 23
2626 SECTION 1. Arkansas Code Title 16, is amended to add an additional 24
2727 chapter to read as follows: 25
2828 CHAPTER 132 26
2929 VULNERABLE YOUTH PROTECTION ACT 27
3030 28
3131 16-132-101. Title. 29
3232 This chapter shall be known and may be cited as the "Vulnerable Youth 30
3333 Protection Act". 31
3434 32
3535 16-132-102. Definitions. 33
3636 As used in this chapter: 34
3737 (1)(A) "Castration, sterilization, or mutilation" means any of 35
3838 the following procedures or treatments regardless of who performs or provides 36 HB1668
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4141 those procedures or treatments: 1
4242 (i) A surgery that sterilizes the child, including: 2
4343 (a) Castration; 3
4444 (b) Vasectomy; 4
4545 (c) Hysterectomy; 5
4646 (d) Oophorectomy; 6
4747 (e) Metoidioplasty; 7
4848 (f) Orchiectomy; 8
4949 (g) Penectomy; 9
5050 (h) Phalloplasty; and 10
5151 (i) Vaginoplasty; 11
5252 (ii) A mastectomy; 12
5353 (iii) The provision, prescription, administration, 13
5454 or dispensing any of the following prescription drugs that induce transient 14
5555 or permanent infertility: 15
5656 (a) Puberty suppression or blocking 16
5757 prescription drugs to stop or delay normal puberty; 17
5858 (b) Supraphysiologic doses of testosterone to 18
5959 females; or 19
6060 (c) Supraphysiologic doses of estrogen to 20
6161 males; or 21
6262 (iv) Remove any otherwise healthy or non -diseased 22
6363 body part or tissue. 23
6464 (B) "Castration, sterilization, or mutilation" does not 24
6565 include any of the following procedures or treatments: 25
6666 (i) Puberty suppression or blocking prescription 26
6767 drugs for the purpose of normalizing puberty for a minor experiencing 27
6868 precocious puberty; 28
6969 (ii) Appropriate and medically necessary procedures 29
7070 or treatments to a child who: 30
7171 (a) Is born with a medically verifiable 31
7272 genetic disorder of sex development, including: 32
7373 (1) 46, XX chromosomes with 33
7474 virilization; 34
7575 (2) 46, XY chromosomes with 35
7676 undervirilization; or 36 HB1668
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7979 (3) Both ovarian and testicular tissue; 1
8080 or 2
8181 (b) Does not have the normal sex chromosome 3
8282 structure for male or female as determined by a physician through genetic 4
8383 testing; or 5
8484 (iii) The provision of a prescription drug to a 6
8585 minor if: 7
8686 (a) The prescription drug is part of a 8
8787 continuing course of treatment that the child began before June 1, 2025; and 9
8888 (b) The minor attended twelve (12) or more 10
8989 sessions of mental health counseling or psychotherapy for at least six (6) 11
9090 months before the date the course of treatment began; 12
9191 (2) "Minor" means an individual who is younger than eighteen 13
9292 (18) years of age; and 14
9393 (3) "Social transitioning" means any act by which a minor adopts 15
9494 or espouses a gender identity that differs from the minor’s biological sex as 16
9595 determined by the sex organs, chromosomes, and endogenous profiles of the 17
9696 minor, including without limitation changes in clothing, pronouns, hairstyle, 18
9797 and name. 19
9898 20
9999 16-132-103. Civil action — Liability. 21
100100 (a)(1) Any person who causes or contributes to the social 22
101101 transitioning of a minor or the castration, sterilization, or mutilation of a 23
102102 minor shall be strictly and jointly and severally liable to the minor and the 24
103103 minor’s parents for any personal injuries or harm resulting from the social 25
104104 transitioning or the castration, sterilization, or mutilation of the minor. 26
105105 (2) A person shall not be held liable under this section for 27
106106 speech or conduct protected by the First Amendment of the United States 28
107107 Constitution. 29
108108 (b) Notwithstanding any other law, a person may bring an action under 30
109109 this chapter not later than fifteen (15) years after the date that the cause 31
110110 of action accrues. 32
111111 (c) A civil action under this chapter shall not be brought against any 33
112112 person that acted at the behest of federal agencies, contractors, or 34
113113 employees that are carrying out duties under federal law, if the imposition 35
114114 of liability upon that person would violate the doctrines of preemption or 36 HB1668
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117117 intergovernmental immunity. 1
118118 2
119119 16-132-104. Recovery. 3
120120 A person who prevails in a suit brought under this chapter may recover: 4
121121 (1) Nominal damages; 5
122122 (2) Compensatory damages; 6
123123 (3) Statutory damages in an amount of not less than ten thousand 7
124124 dollars ($10,000) from each defendant, in addition to any compensatory 8
125125 damages that may be awarded; 9
126126 (4) Punitive damages in an amount of not less than ten million 10
127127 dollars ($10,000,000) from each defendant if irreversible sterilization or 11
128128 sexual dysfunction results, in addition to any compensatory damages that may 12
129129 be awarded; and 13
130130 (5) Court costs and reasonable attorney’s fees. 14
131131 15
132132 16-132-105. Affirmative defenses. 16
133133 It is an affirmative defense under this chapter that: 17
134134 (1) The imposition of liability on the defendant will violate 18
135135 constitutional or federally protected rights that belong to the defendant 19
136136 personally; or 20
137137 (2) The defendant: 21
138138 (A) Has standing to assert the rights of a third party 22
139139 under the tests for third -party standing established by the United States 23
140140 Supreme Court; and 24
141141 (B) Demonstrates that the imposition of liability on the 25
142142 defendant will violate constitutional or federally protected rights belonging 26
143143 to the third party. 27
144144 28
145145 16-132-106. Void defenses. 29
146146 Notwithstanding any other law, the following are not a defense to an 30
147147 action brought under this chapter: 31
148148 (1) Ignorance or mistake of law; 32
149149 (2) A defendant’s belief that the requirements or provisions of 33
150150 this chapter are unconstitutional or were unconstitutional; 34
151151 (3) A defendant’s reliance on any court decision that has been 35
152152 vacated, reversed, or overruled on appeal or by a subsequent court, even if 36 HB1668
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155155 that court decision had not been vacated, reversed, or overruled when the 1
156156 conduct occurred; 2
157157 (4) A defendant’s reliance on any state or federal court 3
158158 decision that is not binding on the court in which the action has been 4
159159 brought; 5
160160 (5) A defendant's reliance on any federal statute, agency rule 6
161161 or action, or treaty that has been repealed, superseded, or declared invalid 7
162162 or unconstitutional, even if that federal statute, agency rule or action, or 8
163163 treaty had not been repealed, superseded, or declared invalid or 9
164164 unconstitutional when the conduct occurred; 10
165165 (6) A nonmutual issue preclusion or nonmutual claim preclusion; 11
166166 (7) The consent of the plaintiff to the defendant’s conduct; 12
167167 (8) Contributory or comparative negligence; 13
168168 (9) Assumption of risk; 14
169169 (10) Lack of but-for or proximate causation; 15
170170 (11) Sovereign immunity, governmental immunity, official 16
171171 immunity, or qualified immunity; 17
172172 (12) The plaintiff’s waiver or purported waiver of his or her 18
173173 right to sue under this chapter; 19
174174 (13) The plaintiff’s failure to exhaust administrative remedies; 20
175175 or 21
176176 (14) A claim that the enforcement of this chapter or the 22
177177 imposition of civil liability against the defendant will violate the 23
178178 constitutional rights of third parties, except as provided under §16 -132-24
179179 103(a)(2). 25
180180 26
181181 16-132-107. Enforcement as private civil action. 27
182182 (a) This chapter shall be enforced exclusively through a private civil 28
183183 action. 29
184184 (b) The state, a political subdivision of the state, a district or 30
185185 county attorney, or any officer or employee of this state or a political 31
186186 subdivision shall not: 32
187187 (1) Take or threaten direct or indirect enforcement of this 33
188188 chapter against any person or entity; 34
189189 (2) Use the conduct described under § 16 -132-103 to justify or 35
190190 trigger the enforcement of any other law or any type of adverse consequence 36 HB1668
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193193 under any other law, except through a private civil action; 1
194194 (3) Act in concert or participate with anyone who brings suit 2
195195 under this chapter; 3
196196 (4) Establish or attempt to establish any type of agency or 4
197197 fiduciary relationship with a person who brings suit under this chapter; 5
198198 (5) Make any attempt to control or influence a person's decision 6
199199 to bring suit under this chapter or the person's conduct of the litigation; 7
200200 or 8
201201 (6)(A) Intervene in any action brought under this chapter. 9
202202 (B) Subdivision (b)(6)(A) of this section does not 10
203203 prohibit the state, a political subdivision of the state, a district or 11
204204 county attorney, or any officer or employee of this state or a political 12
205205 subdivision from filing an amicus curiae brief in the action if the state, a 13
206206 political subdivision of the state, a district or county attorney, or any 14
207207 officer or employee of this state or a political subdivision does not act in 15
208208 concert or participate with the plaintiff. 16
209209 (c) This section does not preclude or limit the enforcement of any 17
210210 other law or rule that independently regulates he same conduct as described 18
211211 in § 16-132-103. 19
212212 (d) A private civil action brought under this subchapter is subject to 20
213213 the Citizen Participation in Government Act, § 16 -63-501 et seq., or the 21
214214 Religious Freedom Restoration Act, § 16 -123-401 et seq. 22
215215 23
216216 16-132-108. Immunity. 24
217217 (a) Except as provided in subsection (b) of this section, in any 25
218218 action, claim, counterclaim, or any type of legal or equitable action that 26
219219 challenges the validity or enforceability of any provision or application of 27
220220 this subchapter, on constitutional grounds or otherwise, or that seeks to 28
221221 prevent or enjoin the state, its political subdivisions, or any officer, 29
222222 employee, or agent of this state or a political subdivision from enforcing 30
223223 any provision or application of this chapter, or from hearing, adjudicating, 31
224224 or docketing a civil action brought under this chapter: 32
225225 (1) The state and each of its officers and employees shall have 33
226226 sovereign immunity; 34
227227 (2) The political subdivisions of the state and each of their 35
228228 officers and employees shall have governmental immunity; and 36 HB1668
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231231 (3) Each officer and employee of this state or a political 1
232232 subdivision shall have qualified immunity. 2
233233 (b) The immunity provided under subsection (a) of this section may be 3
234234 abrogated or preempted by federal law in a manner consistent with the United 4
235235 States Constitution. 5
236236 (c) The immunity provided under subsection (a) of this section shall 6
237237 apply in every court, both state and federal, and in every adjudicative 7
238238 proceeding of any type whatsoever. 8
239239 (d) State law shall not waive or abrogate an immunity provided under 9
240240 subsection (a) of this section unless the state law expressly waives or 10
241241 abrogates immunity with specific reference to this section. 11
242242 (e) An attorney representing the state, its political subdivisions, or 12
243243 any officer, employee, or agent of this state or a political subdivision 13
244244 shall not: 14
245245 (1) Waive an immunity provided under subsection (a) of this 15
246246 section; or 16
247247 (2)(A) Take any action that would result in a waiver of the 17
248248 immunity provided under subsection (a) of this section. 18
249249 (B) Any action or purported waiver shall be regarded as a 19
250250 legal nullity and an ultra vires act. 20
251251 21
252252 16-132-109. Applicability. 22
253253 (a)(1) This chapter applies to any treatment for social transitioning 23
254254 of a minor or the castration, sterilization, or mutilation of a minor 24
255255 provided to a resident or minor of this state, regardless of where that 25
256256 treatment occurred, and to any civil action brought under this chapter. 26
257257 (2) Any contractual choice -of-law provision that purports to 27
258258 require the law of a different jurisdiction to apply shall be void as against 28
259259 public policy and shall not be enforced in this state. 29
260260 (b) This chapter shall apply extraterritorially to the maximum extent 30
261261 permitted by the United States Constitution and the Arkansas Constitution. 31
262262 (c) This chapter does not limit or preclude a defendant from asserting 32
263263 the unconstitutionality of any provision or application of state law as a 33
264264 defense to liability under this chapter or from asserting any other defense 34
265265 that might be available under any other source of law. 35
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269269 SECTION 2. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 1
270270 this act or the application of this act to any person or circumstance is held 2
271271 invalid, the invalidity shall not affect other provisions or applications of 3
272272 this act which can be given effect without the invalid provision or 4
273273 application, and to this end, the provisions of this act are declared 5
274274 severable. 6
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