Missoula judge holds hearing on suit against bill restricting gender-affirming care for youth
SB 99, sponsored by Sen. John Fuller, R-Kalispell, passed the Legislature earlier this year and was signed by Gov. Greg Gianforte in April. It prohibits gender-affirming procedures, including hormone treatments and surgeries, for transgender people younger than 18 seeking to medically transition. It would threaten health care providers who do provide those treatments with a license suspension and legal liability.
Plaintiffs’ attorneys said this law would deprive youth of treatment that’s been found to be effective, and that the restrictions could put transgender youth at higher risk of mental health impacts, including higher risk of suicide. They said, for the young people involved in this case, alternatives hadn’t been successful, but gender-affirming treatment gave them a much improved quality of life.
“We’re not just talking about numbers or statistics, Your Honor, we’re talking about real people who are suffering real harms, and those people include people who are sitting in this room today,” said Malita Picasso, a staff attorney with the national ACLU.
Plaintiffs’ attorneys said SB 99 violated the individuals’ right to medical privacy and their parents’ rights to choose treatment options for them, and that it discriminated against transgender youth because similar procedures remained legal for those not seeking to transition.
Picasso said Monday that allowing the law to go into effect even for a day could cause irreparable harm, and that some families were considering leaving the state altogether.
“I can think of no better example of an irreparable injury than having to be forced out of your home state by your elected officials because they’re attacking your children,” Picasso said.
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Marks took no immediate action on Monday. He said he will issue an order next week – and he acknowledged that whichever way he rules, it's almost certain the decision will be appealed to the Montana Supreme Court.
Before the hearing, opponents of SB 99 gathered on the lawn in front of the Missoula County Courthouse. They placed signs reading “Trans people belong in Montana, and we’re happy you’re here!”