Two Montana families and two health care providers are suing the state over a ban on gender-affirming care for transgender minors, saying it violates the state’s Constitution.
Jessica van Garderen from Belgrade spoke in opposition to the bill banning gender-affirming care at its first hearing in January, telling lawmakers it would end her daughter’s prescribed treatment for “excruciating” gender dysphoria.
The bill passed mostly along party lines with Republicans in support and Democrats in opposition. Gov. Greg Gianforte signed it into law about a week ago and it is scheduled to take effect October 1.
Van Garderen says lawmakers didn’t listen when she told them how Scarlet struggled to get out of bed in the morning before getting care.
“Within a few weeks of starting gender-affirming care, she started to get up on her own, she was much nicer to her brother, she actually wanted to go out and be around people.”
Now, van Garderen, her husband and their daughter Scarlet are suing to protect access to treatment along with another family of a transgender teen, a pediatric endocrinologist and a family nurse practitioner. They argue the law violates several state constitutional rights, like equal protection under the law, privacy and fundamental parental rights.
Van Garderen was joined by nearly 100 other opponents including more than a dozen doctors, psychiatrists and major medical associations in speaking to lawmakers about the necessity for treatment. About 45 people spoke in support of the policy during its first hearing, saying the ban will protect children from experimental treatment.
When the Senate Judiciary Committee voted to advance the bill, Republican Sen. Barry Usher said he doesn’t trust the medical organizations who spoke in opposition to the bill given their guidance to get vaccinated against COVID-19. The World Health Organization says COVID-19 vaccines are safe and effective.
The American Academy of Pediatrics says gender-affirming care for adolescents is evidence-based, safe and developmentally appropriate. Studies show that gender-affirming care can reduce emotional distress, improve well-being and reduce the risk of suicide. Some treatments, like puberty blockers, are reversible, while others are not.
Gov. Gianforte didn’t comment on the lawsuit itself, but says he’s committed to protecting children from “permanent, life-altering procedures until they are adults.” Attorney General Austin Knudsen will defend the state in the suit and called the law a “common sense protection.”
The suit filed in Missoula County District Court asks that the law be struck down.
