By continuing to use our site, you agree to our Private Policy and Terms of Use.
Montana Supreme Court chamber
Those who sued to challenge the ban are likely to succeed in proving it violates their privacy rights, the court ruled.
The Montana Supreme Court has upheld a preliminary injunction blocking enforcement of the state’s ban on gender-affirming care for transgender youth while a lawsuit against it is heard.
Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate's email newsletter.
The court upheld a lower court’s decision to grant the injunction on the basis that those who sued are likely to succeed in proving that the ban violates the Montana constitution and citizens’ right to privacy. Two justices filed concurring opinions in which they argued that the court should clarify that discrimination based on transgender status is sex discrimination and therefore prohibited under the state constitution’s equal protection clause.
“The Legislature did not make gender-affirming care unlawful,” the Supreme Court’s opinion states. “Nor did it make the treatments unlawful for all minors. Instead, it restricted a broad swath of medical treatments only when sought for a particular purpose. The record indicates that Provider Plaintiffs, or other medical professionals providing gender-affirming care, are recognized as competent in the medical community to provide that care. The law puts governmental regulation in the mix of an individual’s fundamental right ‘to make medical judgments affecting her or his bodily integrity and health in partnership with a chosen health care provider.’”
“The District Court made no error of law and did not manifestly abuse its discretion,” the opinion concludes. “We affirm its grant of a preliminary injunction on the basis of Plaintiffs’ right to privacy claim. The case will proceed to trial, at which point the District Court will finally resolve the disputed facts and issue a final determination on the constitutional issues presented.”
Gov. Greg Gianforte, a Republican, signed the ban, Senate Bill 99, into law in April 2023. Health care professionals who violate the law could see their licenses suspended for up to a year. SB 99 further allows them to be sued for up to 25 years after performing a banned procedure, and these procedures could not be covered by malpractice insurance. Banned treatments for people under 18 include puberty blockers, hormones, and surgeries if done for the purpose of gender transition; they’re allowed for young people who have a disorder of sexual development. Genital surgeries are almost never performed on minors.
Trans youth and families, along with some health care providers, sued the following month to challenge the law. They are represented by Lambda Legal, the American Civil Liberties Union, the ACLU of Montana, and the law firm of Perkins Coie. In September 2023, Missoula County District Court Judge Jason Marks issued a preliminary injunction, saying the state cannot enforce the ban as the lawsuit against it proceeds.
“Today’s ruling permits our clients to breathe a sigh of relief,” Akilah Deernose, executive director of the ACLU of Montana, said in a press release. “But the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference.”
Story developing…
