The Montana Supreme Court has upheld a temporary injunction against the state’s ban on gender-affirming care for trans youth, becoming the first state supreme court in the nation to do so.
“I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,” Phoebe Cross, a trans boy and the lead plaintiff, said in a statement. “Just living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.”
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Several trans teens, their families, and two medical providers filed suit last year after the state of Montana passed a law banning trans teens — but not cisgender teens — from accessing gender-affirming care.
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The debate in the state legislature was heated and involved Republicans voting to ban state Rep. Zooey Zephyr (D) – the first trans lawmaker in the state – from entering the state house floor after she said that her Republican colleagues would have “blood on your hands” for supporting the bill.
The plaintiffs argued that the law amounts to illegal sex discrimination because it only bans certain treatments based on a patient’s sex assigned at birth. For example, a cisgender teen boy, under the law, can get hormone therapy if his body isn’t undergoing puberty in a way that conforms to how boys generally develop, while a trans teen boy can be in the same situation but would be denied care. The only difference in their situations is their sex assigned at birth.
The parents of the plaintiffs argued that the law also violates their constitutional right to make medical decisions for their children, a right that conservatives usually support but not for the parents of transgender kids.
Gender-affirming care is supported by all major medical organizations in the U.S. Two medical providers joined the lawsuit and argued that it prevents them from providing effective and necessary care.
A lower court judge blocked the measure from going into effect in September 2023, saying that it was “unlikely to survive any level of constitutional review” and adding that “barring access to gender-affirming care would negatively impact gender dysphoric minors’ mental and physical health.” The judge called the state legislature “disingenuous” in its claimed desire to protect minors.
In its ruling today, the state supreme court agreed that the ban on gender-affirming care is likely unconstitutional.
“This makes the state the first state Supreme Court to rule that trans medical care is protected,” trans journalist Erin Reed said. “This applies REGARDLESS of what the US Supreme Court does.”
Incredible news! Montana’s Supreme Court just affirmed that the state’s gender affirming care ban is likely unconstitutional. This makes the state the first state Supreme Court to rule that trans medical care is protected. This applies REGARDLESS of what the US Supreme Court does.
— Erin Reed (@erininthemorning.com) December 11, 2024 at 7:36 PM
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“Fortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,” said Lambda Legal Counsel Kell Olson. Lambda Legal, along with the ACLU and the ACLU of Montana, worked on the lawsuit. “Because Montana’s constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.”
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