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Arkansas agency’s rule change on state IDs and gender prompts safety debate and pushback

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Arkansas agency’s rule change on state IDs and gender prompts safety debate and pushback



The emergency rule leaves only a narrow way to change sex on documents, which could itself soon be closed.

An emergency rule mandating that all Arkansas driver’s licenses and state ID cards show the bearer’s sex as it’s recorded on a birth certificate went into effect on Thursday after approval by the Arkansas Legislative Council.

Top officials at the Department of Finance and Administration, which issued the rule, say it accounts for a need for the police to know the sex of people they encounter. They invoked public safety as a core rationale for the policy change.

Transgender rights activists and the ACLU of Arkansas, however, are pushing back. They say the policy would likely lead to sex-based discrimination and threatens the safety and wellbeing of trans and gender non-conforming people in the state.

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A driver’s license, DFA Secretary Jim Hudson told the Arkansas Legislative Council on Thursday, “is a document that law enforcement relies upon, and if law enforcement cannot have confidence [in] information about the person they’re encountering, I do believe that is a public safety issue.”

“There is potential for confusion under the existing policy that we rescinded.”

State Sen. Clarke Tucker, D-Little Rock, disagreed.

“What you all are telling me is ‘we want law enforcement to have the most accurate information possible when they’re presented with a person,’ and to me, there’s no distinction between gender, height and weight on that, which are obviously also objectively verifiable.”

Height and weight on a state ID are self-reported, the same as gender was under the previous policy.

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Hudson and Assistant Commissioner Paul Gehring did not city specific problems with the then-current policy over the 14 years it had been in place, saying that the emergency rule change is proactive.

A ‘dangerous proposition’

Sarah Everett, director of policy at the ACLU of Arkansas, took issue with the idea of requiring IDs to show sex assigned at birth.

“They’re implying a couple of things,” Everett said in a Monday interview. “One is that law enforcement treats people differently based on sex, which is illegal, and that trans people are somehow inherently dangerous.”

U.S. Supreme Court precedent, she said, holds that discrimination based on gender expression is, legally speaking, sex-based discrimination.

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“Obviously there’s no basis,” Everett said, for the idea that police must know a person’s sex assigned at birth.

“It’s just it’s kind of a scary and dangerous proposition that trans people should be required to out themselves to law enforcement and anyone else who needs to see their identification,” she said.

“No officer is going to be confused when a woman hands him a driver’s license that says ‘F.’ But he may be confused and may react questionably at best if a woman hands him a driver’s license that says ‘male.’”

‘Going forward’

Since 2010, Arkansas has allowed ID holders to change the gender shown, without any questions asked, and to use the gender-neutral designation “X” in addition to “male” and female.”

Across the nation, 21 other states and the District of Columbia continue to allow state IDs to be marked “M,” “F” or “X.” The practice is also allowed on U.S. passports.

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From now on, people in Arkansas with a gender marker of “X” on their passport must choose between male or female on their state ID, Gehring said before the Legislative Council on Thursday.

All current licenses and IDs will remain valid until their printed expiration date regardless of the sex marker shown on them.

In Arkansas, there is no option to designate a newborn as intersex on a birth certificate or to later change one’s sex to anything besides male or female.

Gehring said that the previous policy of “no questions asked” changes to sex markers was based on a departmental memo, which was not codified in state law or agency rules.

The change, he said, seeks to ensure that everything on a state ID is based on existing documentation.

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The agency’s primary concern with the rule change was the X designation on a state ID, rather than male or female markers which differ from other documentation. This is because a marker of “X” is not “verifiable,” said Scott Hardin, a representative from the DFA.

But any sex markers that might differ from those on a person’s birth certificate, he said, are inherently unreliable and perhaps even inherently fraudulent.

Hardin said that the agency sees the issue of sex markers on state IDs as a pressing concern but that their emergency rule change was not made in response to existing problems on the ground or calls to action from the public or law enforcement.

The emergency rule, Hardin said, has “a sense of urgency” meant “to ensure nothing does happen going forward… [because] there’s a real possibility that something could happen if we’re not to address this.”

Wide-ranging consequences.

Max Calabotta, the Northwest Arkansas Coordinator at the trans rights advocacy group Intransitive, said that the consequences of a mismatch between a person’s outward appearance and the sex shown on their ID are wide-ranging.

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These can include “being misgendered and denied housing, being misgendered and then being mistreated in the hospital when you’re in crisis, being misgendered by a police officer who has a gun and potentially the power to kill you.”

“I have a beard and I have a deep voice,” he said. “You don’t need to know anything else, none of the rest of how my body works.”

The new rule, he said, means that the only option for people to change the gender marker on their ID would likely cost many thousands of dollars in a complex and difficult process.

Under the new rules, Arkansas state IDs can only show male or female and that must match the sex on the holder’s birth certificate. It isn’t impossible for a transitioning person to change the sex on their birth certificate, but the bar to do so is set very high.

It can be changed by court order only after sex reassignment surgery. “Normally an attorney is needed for this type of action,” notes an explanation on the Arkansas Department of Health’s website.

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The combination of medical bills and legal fees that are pre-requisites for obtaining a driver’s license with a different name or sex means a heavy burden for a bureaucratic process that’s practically free in other places.

Adding to this, transgender and gender non-conforming people are far more likely than the general population to be living below the poverty line, according to data from the University of California-Los Angeles, putting transition therapy, let alone legal counsel, far out of reach.

By contrast, for Calabotta, who was born in New York State and moved to Arkansas as a young child, there were no such hoops for them to jump through when changing the sex on their birth certificate.

“I just had to fill out a form and send them I didn’t have to provide a bunch of proof.”

Everett said that even this less attainable loophole could itself be in danger of further restrictions or even elimination.

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“The only reason we haven’t seen an attack on that yet is because we’re not in a regular legislative session,” she said, noting that there are legislative bills in other states seeking to restrict that process.

Everett said that the ACLU of Arkansas’ policy is not to announce any potential legal action they might take until after filing a complaint, but that they are “looking at our options when it comes to litigation.”

An emergency rule like this only stays in effect for three months. Hardin said the DFA is already in the process of drafting a permanent rule change which will allow for a 30-day public comment period.



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Arkansas

Razorbacks Surprise Kansas in Game Befitting Higher Seeds

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Razorbacks Surprise Kansas in Game Befitting Higher Seeds


PROVIDENCE, R.I. — Apparently the Arkansas Razorbacks and Kansas Jayhawks didn’t pay close attention when they scoured the 68-team bracket for the NCAA Tournament.

They sure didn’t play like the Nos. 10 and 7 seeds, with the Hogs being the underdog based on seeding and oddsmakers.

Nope, this was a battle worthy of a pair of No. 1 seeds, a couple of heavyweights throwing haymakers from the outset and not backing down.

Arkansas, with much to prove to the nation, played one of its best games of the season while beating a talented Kansas team, 79-72, in Thursday night’s first-round matchup of the West Regional.

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The Razorbacks (21-13) will play the West Region’s No. 2 seed, the St. John’s Red Storm (30-5), Saturday with the winner advancing to the Sweet 16.

St. John’s, coached by Hall of Famer Rick Pitino, won by an overwhelming 83-53 margin against No. 15 seed Omaha (22-13) in the last of four games played Thursday in Providence.

Razorbacks guard Johnell Davis (1) drives to the basket during the second half against Kansas at Amica

Arkansas Razorbacks guard Johnell Davis (1) drives to the basket during the second half against the Kansas Jayhawks at Amica Mutual Pavilion. / Eric Canha-Imagn Images

The Red Storm led by only five at halftime, but pulled away quickly after intermission despite giving up 24 offensive rebounds.

Asked immediately after the game about playing Arkansas, Pitino said, “Typical of us, we don’t play great in the beginning of the game. We made some adjustments but we didn’t rebound well.

“Look, we won by 30, but if we block out like that against Arkansas, they’ll beat us by 30. We’ve gotta go to work on blocking out.”

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Big East Player of the Year R.J. Luis Jr., led St. John’s with 22 points, nearly four above his average. The 6-foot-7 sharpshooter made 5-of-8 from deep.

St. John's Red Storm guard RJ Luis Jr. puts up a shot during the second half against the Omaha Mavericks at Amica Mutual Pavi

St. John’s Red Storm guard RJ Luis Jr. puts up a shot during the second half against the Omaha Mavericks at Amica Mutual Pavilion. / Eric Canha-Imagn Images

The Hogs led by three at halftime and quickly pushed it to 11 with an 8-0 run to start the second half. Kansas gamely fought back and grabbed a one-point lead with with 5:46 to play

The Razorbacks closed the game on a gutsy 15-5 run in the final 2:47 to claim their sixth win in the last eight games.

It was a contest befitting the two Hall of Fame coaches, as Arkansas’ John Calipari squared his dance card with Kansas’ Bill Self, now with an even split of their 14 March Madness showdowns.

Two of those head-to-head games were for the national championship. Self beat Calipari’s Memphis Tigers in overtime in 2008 and the tables were turned in 2012 when Calipari guided the Kentucky Wildcats to the title.

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Razorbacks coach John Calipari reacts during the second half against the Kansas Jayhawks at Amica Mutual Pavilion.

Arkansas Razorbacks coach John Calipari reacts during the second half against the Kansas Jayhawks at Amica Mutual Pavilion. / Eric Canha-Imagn Images

This game was also worthy of a title tilt as the players lived up to their recruiting ratings and put on a show worthy of CBS’ prime time slot on the opening full night of the Big Dance.

Kansas hadn’t lost in the first round of the NCAA Tournament since 2006, a string of 17 straight victories. Since 1985, the blue-blood program was 36-2 in opening tourney tilts before bowing to Arkansas.

In a game full of big shots and 10 lead changes, the Arkansas heroes were many:
* Jonas Aidoo scored a season-high 22 points.
* Johnell Davis scored 18, seven in the final 1:45.
* Trevon Brazile netted 11 with 12 rebounds.
* D.J. Wagner scored 14 and played the entire game.
* Boogie Fland scored six, defended well in his return.

Aidoo’s second-half defense on Kansas’ leading scorer, 7-foot-2 Hunter Dickinson, saved the Hogs’ bacon. Combined with Brazile’s active help near the rim, Dickinson was scoreless in the second half after netting 11 in the first.

Aidoo sat out just 66 seconds and has played of late like the second-team All-SEC center he was a year ago for Tennessee. He blocked three shots and Brazile two.

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“I told our team we haven’t seen that type of size, that type of athleticism all year,” Pitino said. “We haven’t seen that. Creighton has a 7-2 center, but they’ve got multiple guys. We’re going to have to play the best game of the season to beat a team like this. We know that.

“They’re very, very big, very athletic. Their bench is athletic, they’re fast. So this is a whole different ballgame for us. But, they know we’re a good team as well. So it’ll be a hell of a game.”

Fland, the Hogs’ hotshot freshman guard, played a valiant 24 minutes in his first action in 16 games since undergoing thumb surgery.

Calipari pulled out all the stops and played his dependable ballhandler and tough defender more than expected and Fland responded with three assists, three steals and zero turnovers.

Fland entered with 13:03 left in the first half, his first action since the Missouri game on the road Jan. 18. So, the steady floor leader — one Calipari trusts explicitly — played 24 of the remaining 33 minutes.

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Razorbacks coach John Calipari reacts during the second half against Kansas at Amica Mutual Pavilion.

Arkansas Razorbacks guard Boogie Fland (2) drives to the basket against Kansas Jayhawks guard Zeke Mayo (5) during the second half at Amica Mutual Pavilion. / Eric Canha-Imagn Images

Davis might’ve had the biggest play when he buried a three with 1:45 remaining to put the Hogs up 71-67. He made 4-of-9 from beyond the arc but had missed several in a row before coming up big in the clutch.

It was almost surprising the ball went in after watching the Razorbacks struggle for the previous 12 minutes.

Self had played his best hole card and switched to a zone defense to thwart the Hogs’ determined drives to the rim and Aidoo’s domination in the low post.

Kansas had only played zone for seven defensive possessions all season, according to CBS analyst and former coach Steve Lappas.

It worked beyond Self’s wildest dream as the Hogs lost all momentum and rhythm while scoring a measly seven points in 10-plus minutes.

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But then came the final spurt in the last three minutes, like the Hogs found another gear. It was that refuse-to-lose attitude that sealed the deal.

With a 71-69 lead, Davis turned it over with 44 ticks left. Redemption came quickly when Davis stole the ball on the other end, got fouled and buried two free throws. Kansas never recovered.

Kansas Jayhawks coach Bill Self shows his frustration during the first half against the Arkansas Razorbacks

Kansas Jayhawks coach Bill Self shows his frustration during the first half against the Arkansas Razorbacks at Amica Mutual Pavilion. / Gregory Fisher-Imagn Images

Arkansas led 47-44 at halftime as Aidoo had 16 points and Wagner 12, both already exceeding their season averages.

The Hogs had enjoyed the biggest lead of the first 20 minutes when they were up 12-5 barely four minutes into the fray. But Kansas wouldn’t break and the first half produced seven ties and eight lead changes.

When it came down to the final three minutes, the Hogs were fearless, just as Calipari urged them to play the night before the Kentucky win.

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That stunning 10-point road triumph was the spark Arkansas needed. When they won the next one at Texas, they believed, and remembered how good they were.

Arkansas will practice today at Amica Mutual Pavilion, preparing for St. John’s, the Big East Conference season and tournament champions.

Pitino has resurrected St. John’s program — that’s right, former Arkansas coach Mike Anderson failed to do that — by winning the Big East regular season championship for the first time in 40 years.

By overwhelming Omaha, the Red Storm claimed their first NCAA Tournament win in 25 years. Obviously, they’re a hungry team just like the Hogs.

St. John's Red Storm coach Rick Pitino speaks to the media during a press conference Wednesday at Amica Mutual Pavilion.

St. John’s Red Storm coach Rick Pitino speaks to the media during a press conference Wednesday at Amica Mutual Pavilion. / Eric Canha-Imagn Images

Despite their differences, Calipari and Pitino have much in common:
* Both are Hall of Fame coaches.
* Both coached the Kentucky Wildcats.
* Both won national championships at Kentucky.
* They are ranked 1-2 in career wins by active coaches.

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Pitino began the season one win behind Calipari, but now leads him by nine. Yes, Calipari would like to gain one on Pitino Saturday, but that’s race is inconsequential to them both at this moment.

What Calipari wants is a landmark victory in the NCAA Tournament, a feat he hasn’t accomplished since reaching the Elite Eight six years ago while at Kentucky.

In a way, he got that against Self and Kansas. Now, he wants more. He wants to reach his 16th Sweet 16.

He has a chance to do that with an Arkansas team that’s become one of his favorites for how the players stuck together, learned and improved, and overcame injuries, a few blowout losses, plus badly shaken confidence to earn its way into the tournament.

Now, he said, the Razorbacks are playing with “one heartbeat.” After the rugged SEC schedule they played, he knows they can give any team a tussle.

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“Rewarding” is how Calipari described the season, which found the Hogs 0-5 in the SEC and considered by most as having zero chance of even getting an invitation to the Big Dance.

Now, the Hogs will lace up their dancing shoes at least one more time. Don’t discount their chances of pulling off another upset, now matter how long the odds.

• Razorbacks Topple Kansas, Advance in NCAA Tournament

• No questions at QB1 for Razorbacks while backups lot of uncertainty

• ‘Someone must have been sick’ for committee to place Hogs in Providence

• Calipari looks to chip away at Pitino wins lead while chasing Arkansas’ cause

• Texas may have cost Terry’s job, helped Hogs, other SEC coaches in process

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Arkansas bill targets ‘gender nonconforming’ haircuts for kids

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Arkansas bill targets ‘gender nonconforming’ haircuts for kids


Republican lawmakers in Arkansas have introduced a bill that would allow lawsuits against anyone who facilitates a minor’s social transition — including hairdressers and barbers who give gender-nonconforming haircuts, teachers who use a student’s chosen name that is different from their birth name and nonprofit organizations that offer support.

House Bill 1668, known as the “Vulnerable Youth Protection Act,” was introduced by Republican Rep. Mary Bentley and Sen. Alan Clark. If passed, the legislation would allow parents to sue anyone who supports a minor’s gender transition, with the statute of limitations lasting for 15 years.

The Context

Arkansas has been a leader in legislative efforts restricting transgender rights. In 2021, it became the first state to ban gender-affirming medical care for minors—a law that was struck down by a federal judge in 2023. Since then, more than two dozen states have enacted similar measures limiting medical care, sports participation and bathroom access for transgender individuals.

Nationally, transgender rights have become a flashpoint in the country’s culture wars. Some political analysts have suggested the backlash against these rights—embodied in the most viral ad of the presidential campaign—played a decisive role in Donald Trump’s victory.

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What To Know

The Arkansas bill defines “social transitioning” as any act in which a minor adopts a gender identity different from their biological sex, including changes in clothing, pronouns, hairstyle and name. Under this definition, a barber, teacher or guidance counselor could face lawsuits for supporting a child’s gender identity.

It allows lawsuits to be filed up to 15 years after an incident, with damages ranging from $10,000 to $10 million in cases where a minor received gender-affirming care.

Critics argue the bill violates First Amendment rights and is designed to intimidate teachers, doctors, and even parents from supporting transgender and gender-nonconforming youth. The American Civil Liberties Union (ACLU) of Arkansas has condemned it as “state-mandated bullying.”

The bill would allow lawsuits against individuals who facilitate a minor’s social transition, including hairdressers who give gender-nonconforming haircuts

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Supporters claim the measure is necessary to prevent children from making irreversible decisions about their gender identity, while opponents see it as a direct attack on the rights of transgender youth and those who support them.

At a March 18 hearing, however, a representative from the Arkansas Attorney General’s Office acknowledged that parts of the bill may not withstand legal challenges due to restrictions on free speech.

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“When you are criminalizing or, in this case, providing a civil cause of action for certain forms of speech, that has to pass a very, very high constitutional bar, and we have to be able to defend that in court,” the representative said.

What People Are Saying

Mary Bentley, Arkansas GOP State Representative, in a House Judiciary hearing: “This is about protecting children from being pushed into gender ideology. We need to ensure that kids are not being coerced into decisions they do not understand.”

The ACLU of Arkansas in a statement: “This bill seeks to deter life-saving healthcare through baseless lawsuits, forcing transgender youth into unsafe conditions.”

What Happens Next

The bill is still moving through the Arkansas legislature and is expected to face immediate legal challenges if it is passed into law. Civil rights groups, educators, and LGBTQ+ advocates say they will continue fighting the bill.

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Arkansas basketball’s Kentucky contingent hopes to avenge last year’s March Madness stunner

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Arkansas basketball’s Kentucky contingent hopes to avenge last year’s March Madness stunner


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PROVIDENCE, R.I. — The 2025 men’s NCAA Tournament is an opportunity for Arkansas basketball to erase all of the struggles from earlier this season. Wins in March will ensure John Calipari’s first campaign in Fayetteville is remembered fondly, even after an 0-5 start in the SEC.

But it’s also a chance for a contingent of former Kentucky Wildcats to grasp some closure off last year’s disappointment. D.J. Wagner, Zvonimir Ivisic and Adou Thiero were stunned by 14-seed Oakland last year, which paved the rocky road for Calipari to leave Kentucky and join the Razorbacks (20-13).

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Thiero won’t play Thursday against No. 7 Kansas (21-12) in the first round, but Wagner and Ivisic will suit up for No. 10 Arkansas. They might be wearing different colors this spring, but they can’t forget the hurt that came with last year’s early exit.

“For me personally, it was very painful. That wasn’t the plan to lose. That’s never the plan, though, to lose, especially in the first round and stuff like that,” Wagner said. “I’m just happy to be back, happy to have another opportunity and another go at it, and now I know you can’t take anything lightly or take anything for granted.”

Wagner, Ivisic and Thiero combined for five points in the loss to Oakland. They made just two shots, with Wagner going 0 for 5. Ivisic had three turnovers.

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Watch Arkansas vs. Kansas in first round of March Madness on Fubo (free trial)

Neither player is hiding from last year’s disappointment. They know it’s a talking point as they prepare for another trip to the big dance, but the past struggles aren’t worth a discussion inside the Arkansas locker room.

“Tonight, maybe we’ll talk about it after we go over film,” Ivisic said. “You know, we don’t even have to say anything. We know what time it is.”

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But not every player on the Arkansas roster is scarred by early exits.

Jonas Aidoo reached the Elite Eight last season with Tennessee, and Johnell Davis is two years removed from being the leading scorer on a Florida Atlantic team that reached the Final Four. Even with their veteran experience, Arkansas is one of the youngest teams in the field. Aidoo and Davis are embracing a mentorship role in Providence.

“I’m just trying to tell them how hard it is,” Davis said. “We got to take every game serious. Every moment matters.”

Wagner and Ivisic have first-hand experience on the difficulties of March. They want a longer run this time with the Hogs.

Jackson Fuller covers Arkansas football, basketball and baseball for the Southwest Times Record, part of the USA TODAY Network. Reach him at jfuller@gannett.com or follow him @jacksonfuller16 on X, formerly known as Twitter. 

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