A state district court in Missoula has deemed a 2023 Montana law banning many gender transition-related medical services for transgender minors unconstitutional. This decision prohibits its enforcement. The law, Senate Bill 99, was primarily supported by Republicans and was found to violate privacy, equal protection, and free speech rights outlined in the Montana Constitution.
The Montana Supreme Court had previously upheld a block on the law before its scheduled enforcement. The district court found that plaintiffs, including transgender teen Phoebe Cross, demonstrated the law’s infringement on constitutional rights by restricting access to necessary treatments like puberty blockers and hormones. State attorneys did not prove that SB 99 addressed a legitimate medical risk or served the government’s interests narrowly.
“Defendants are unable to clearly and convincingly establish that a bona fide health risk exists,” Judge Marks stated in his 59-page ruling. He noted the failure to present evidence of any major medical organizations changing their stance on gender-affirming care. The ruling emphasized that the presence of risk in medical treatments does not justify state interference in medical decisions.
The decision cited Montana’s judicial history of defending bodily autonomy and privacy, referencing a landmark case, Armstrong v. State, which protected abortion access under individual privacy rights. Marks highlighted that medical practice standards must be based on scientific methods, not political ideology.
Additionally, SB 99 was found to violate free speech by restricting medical providers from using state funds to promote or refer gender transition-related procedures. Marks ruled that the law discriminates based on viewpoint by barring doctors from informing patients about gender-affirming care options endorsed by major U.S. medical associations.
Civil rights groups like the ACLU of Montana and Lambda Legal, who represented the plaintiffs, praised the decision. The lead plaintiff, Cross, expressed confusion over the law’s passage and relief at its nullification. The state may appeal this decision to the Montana Supreme Court, though representatives for Attorney General Austin Knudsen have not commented.
—
Read More Montana News
