Judge blocks bill to stop transgender youth from gender-affirming care
Youth who are transgender are free to continue receiving gender-affirming medical care in Montana.
Wednesday, a Missoula County District Court judge granted plaintiffs’ request for a preliminary injunction against Senate Bill 99, which made it illegal for young people who are transgender to receive gender-affirming care.
Although Judge Jason Marks said his findings are “not binding at trial,” he found SB 99 likely discriminates based on a person’s status as transgender and also found it likely tramples on the right to privacy guaranteed in the Montana Constitution.
“If SB 99 goes into effect, minors experiencing gender dysphoria in Montana will be denied access to gender-affirming care,” the order said.
“Plaintiffs have demonstrated that Youth Plaintiffs — and other minors in Montana experiencing gender dysphoria — are at risk of facing severe psychological distress if they are blocked from receiving such care.”
Gender dysphoria is a diagnosable condition in which a person’s gender identity is at odds with their sex at birth, and it can lead to “clinically significant distress,” including depression and suicide attempts.
The law also said health care professionals could face discipline and have their licenses suspended if they violate the law.
The defendants had argued in part the law was meant to protect youth, but the judge said if that was the case, it would have blocked treatments for all youth, not just youth who are transgender.
As such, the judge found SB 99 likely discriminates based on transgender status. He said the Declaration of Rights in the Montana Constitution guarantees that everyone has equal protection of the laws, and privacy also is a fundamental right.