Montana’s high court upheld a block on a ban on gender-affirming care for minors. The case is not yet over, but state Supreme Court justices say the plaintiffs are likely to succeed in their challenge of the law.
The Montana Supreme Court agreed with a district court ruling that gender-affirming care should remain accessible to minors while a lawsuit plays out.
While the U.S. Supreme Court is considering whether a similar ban in Tennessee violates the U.S. Constitution, the case in Montana hinges on the state’s Constitution. State constitutions can offer more protections, but not less than the U.S. Constitution's bill of rights.
Two health care providers and two families of transgender minors filed the suit, saying the 2023 ban violates Montana’s rights to privacy and equal protection. The right to privacy has been found to prohibit undue government interference in a lawful medical procedure.
The state’s Supreme Court justices ruled that the plaintiffs are likely right. The ruling noted that the medical community “overwhelmingly agrees” that the procedures outlined in the ban are the accepted standard of care for gender dysphoria.
Gov. Greg Gianforte said in a statement he’s disappointed in the decision, saying minors should be protected from experimental and life-altering treatments. Medical experts say that permanent surgical procedures are rarely prescribed for minors.
Both sides will be able to offer more evidence at trial.
