The Montana Supreme Court has ruled to temporarily block a law banning gender altering surgeries and medical care for minors, a decision Republican lawmakers have criticized as overly partisan. The court upheld a lower court’s injunction, which determined the law likely violates Montana’s constitutional right to privacy.
The law, passed in April 2023 and signed by Governor Greg Gianforte, sought to prohibit minors from accessing puberty blockers, cross-sex hormones, and surgical treatments for gender dysphoria. Republican Senator John Fuller, who sponsored the legislation, called the court’s decision “an egregious example of the hyperpartisanship of the Montana Supreme Court.”
He accused the judiciary of allowing harmful treatments to continue, stating, “The courts are upholding the ability to sterilize and mutilate children while denying them protection from unscientific and experimental drugs and operations that have grown increasingly evident as a danger to children.”
The ruling coincided with an announcement from the United Kingdom that emergency measures restricting the sale and supply of puberty blockers would become permanent. UK Health and Social Care Secretary Wes Streeting explained the decision, saying, “Children’s healthcare must always be evidence-led. The independent expert Commission on Human Medicines found that the current prescribing and care pathway for gender dysphoria and incongruence presents an unacceptable safety risk for children and young people.”
In Montana, transgender youth opposing the law argued it infringed upon their constitutional rights, including the right to privacy, equal protection, dignity, and access to health care. The state Supreme Court agreed with the privacy argument, referencing prior rulings that support the right to make personal medical decisions without government interference.
Akilah Deernose, executive director of the ACLU of Montana, welcomed the decision, saying, “Today’s ruling permits our clients to breathe a sigh of relief. 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.”
Montana is one of at least 26 states that have passed laws banning gender-affirming care for minors. Many of these laws face legal challenges, with courts temporarily blocking some bans while others remain in effect. Meanwhile, 15 states have enacted protections for gender-affirming medical care for minors.
The case against Montana’s law now heads to trial before District Court Judge Jason Marks who identifies as a member of the LGBTQ community. The state attorney general’s office expressed confidence in defending the law, with spokesperson Chase Scheuer stating, “In upholding the district court’s flawed decision to temporarily block a duly enacted law, the Supreme Court put the wellbeing of children—who have yet to reach puberty—at risk by allowing experimental treatments that could leave them to deal with serious and irreversible consequences for the rest of their lives to continue.”
By: Montana Newsroom staff
