A Montana District Court Judge Blocks Law Restricting Gender-Affirming Care for Minors
In a notable legal development, a district court judge has once again intervened to block a Montana law that seeks to prohibit sex change surgeries and hormone therapies for minors. This legislation, known as Senate Bill 99, was signed into law by Republican Governor Greg Gianforte in 2023.
The law in question is quite stringent, barring healthcare professionals from prescribing cross-sex hormones or puberty blockers, or from performing sex reassignment surgeries on anyone under 18. Should they disregard this prohibition, they risk disciplinary action from their licensing boards, with potential license revocations for a year upon conviction.
A lawsuit spearheaded by the American Civil Liberties Union (ACLU) challenged this ban. The plaintiffs include Jessica and Ewout van Garderen, who are advocating for their 16-year-old son, “Scarlet,” and Molly and Paul Cross, who are supporting their daughter “Phoebe,” alongside several other families and medical professionals.
Just days before the law was set to be enforced, District Court Judge Jason Marks issued a temporary injunction. He aligned with the plaintiffs’ arguments, stating that the law appears “likely unconstitutional” and would negatively impact the mental and physical health of minors experiencing gender dysphoria, rather than offering the intended protections against supposed experimental treatments.
In a detailed 59-page ruling released on Tuesday, Judge Marks articulated that the law contravenes state constitutional rights pertaining to privacy, equal protection, and free speech. He noted, “The court is compelled to conclude that the state’s interest is essentially political and ideological: to ensure that minors in Montana are not given treatment that acknowledges their gender identity as anything other than the sex assigned at birth.” In other words, the aim is to suppress transgender expression rather than safeguard minors.
Chase Scheuer, the press secretary for Montana Attorney General Austin Knudsen, responded to the ruling, stating in a statement to The Hill that “Once again, the Montana judiciary has dismissed the will of Montanans, prioritizing the agendas of political allies over fair legal proceedings.”
This legal contest comes at a time when the U.S. Supreme Court is preparing to assess the constitutionality of similar restrictions. Since 2021, numerous states have enacted laws banning gender transition-related healthcare for minors. Additionally, former President Trump has attempted to revoke federal support for gender-affirming care through an executive order, which is currently obstructed by two court injunctions.
