A Montana law banning transgender surgeries on minors will remain temporarily blocked following a state Supreme Court ruling that Republican lawmakers called “an egregious example of bipartisanship.”
The justices found that the law, which bans puberty blockers, cross-sex hormones and surgical treatments for gender dysphoria, likely violates Montana's constitutional right to privacy, a lower court found. sided with the judge.
Republican Sen. John Fuller, who sponsored the bill before it was signed by Gov. Greg Gianforte in April 2023, told The Associated Press that Wednesday's ruling “undermines the bipartisan nature of the Montana Supreme Court.” It's a terrible example.”
He said the court would uphold “the ability to sterilize and mutilate children” and protect children from “unscientific and experimental drugs and surgeries that are increasingly proving dangerous to children.” He was criticized for denying it.
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Transgender rights activists march on the campus of the University of Montana in Missoula, Montana, in May 2023. (Justin Sullivan/Getty Images)
The judgment was issued on the same day UK announced “The existing emergency measures banning the sale and supply of puberty-suppressing hormones will be extended indefinitely, following official recommendations from medical experts.”
“Children's healthcare must always be evidence-based. We found that it posed a safety risk,” said Health and Human Services Secretary Wes Streeting. In a statement.
In the Montana case, the law prohibits transgender youth from continuing to receive gender-affirming medical care, violating their constitutional rights to equal protection, access to health care, and dignity. he claimed. The state Supreme Court upheld the injunction based on the right to privacy, which the court ruled includes the right to make personal medical decisions free of government interference. .
Montana is one of at least 26 states that have passed bans on gender-affirming medical care for minors, most of which are facing lawsuits. Some of the bans have been temporarily blocked by courts, while others have been allowed to take effect. Fifteen states have enacted gender-affirming health care protections for minors.
“With today's ruling, our clients can breathe a sigh of relief,” ACLU of Montana Executive Director Akira Deanose said in a statement. “But the fight for transgender rights is far from over. We will continue to demand the right for all Montanans, including transgender people, to live as themselves and free from intrusive government interference.”
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Protesters gather on the steps of the Montana State Capitol in Helena, Montana, March 2021. (Tom Bridge/Independent Recording via AP, File)
The case against the Montana law is currently being heard by District Court Judge Jason Marks, and the state attorney general's office told The Associated Press it looks forward to defending the law.
“Upholding a district court’s flawed decision to temporarily suspend a duly enacted law, the Supreme Court has ruled that authorizing experimental treatments that may address serious and irreversible conditions , jeopardized the well-being of children who had not yet reached adolescence, and the effects will last for the rest of their lives,'' spokesman Chase Schuer told the news agency.
Justice Beth Baker wrote in the majority opinion that the law, titled Senate Bill 99, would block “lawful medications and procedures administered by competent and licensed health care providers.” Washington Examiner.
A protester holds a sign that reads “Democracy Dies Here” on the steps of the Montana State Capitol in Helena, Montana, April 2023. (Tom Bridge/Original recording via AP)
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“SB 99 leaves no room for patients to make decisions in consultation with their doctors and parents,” she reportedly added. “This law is a complete prohibition and prohibits individualized care based on the exercise of professional medical judgment and informed consent, tailored to each patient's needs.”
The Associated Press contributed to this report.
