Montana courts have broken the state’s ban on gender-affirming care for transgender minors.
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On Tuesday, the Fourth Judicial District Court granted a summary judgment in favour of those suing those who sued (families with trans children) to challenge the ban (i.e., a judgment that was not fully trial, and issued a permanent injunction against its enforcement.
The ban violates the rights of privacy and freedom of speech guaranteed by the Montana Constitution and corresponds to perspective-based discrimination, Judge Jason Marks wrote to the court.
“The courts are forced to conclude that the interests of the state are actually political and ideological, ensuring that minors in Montana will never be provided with treatment to address their perceptions. [their] Gender and gender are not those assigned at birth. In other words, state interest actually blocks transgender expressions.” I wrote it. He also noted that banned care is supported by all major medical associations.
The ban, Senate Bill 99, passed by legislators and was signed into law in 2023 by Republican Gov. Greg Gianforte. Prohibited treatments for people under the age of 18 include adolescent blockers, hormones, and surgery when performed for gender transition purposes. They are permitted to cisgender youth with sexual developmental disabilities. Reproductive surgeries are rarely performed on minors.
Healthcare professionals who violate the law could see their licenses suspended for up to one year. With SB 99 you can be sued for up to 25 years after performing prohibited procedures. These procedures cannot be covered by medical malpractice insurance.
When the bill was being debated in the spring of 2023, trans Democrat Zooey Zephal said legislators who supported it had blood in their hands due to the risk of suicide or other self-harm among trans youth, especially if they were not receiving gender-violating care. She was banned from the floor of her Montana home for the rest of the session. After she was re-elected last year, she was allowed back.
If the state appealed Tuesday’s district court decision, the decision is likely to be affirmed as the Montana Supreme Court upheld a preliminary injunction blocking SB 99 enforcement while proceeding with the lawsuit last year. Because this ruling is based on the Montana Constitution, the US Constitution, trans youth, their families, and healthcare providers are protected from potential negative outcomes before the U.S. Supreme Court. US Supreme Court This year, we will control whether Tennessee The ban on gender maintenance care, similar to transminers, violates the US Constitution.
Plaintiffs in the Montana lawsuit include Molly and Paul Cross and Phoebe, a 17-year-old transgender son. Jane and John Doe are taking part in their 16-year-old transgender daughter. and two gender-affirming care providers who brought claims on behalf of Montana patients. They and their lawyers welcomed the verdict.
“I never understand why my representative worked so hard to strip me of my rights and the rights of other trans children,” Phoebe Cross told Lambda’s Legal Acquer press release. “It’s great that courts, including the Montana Supreme Court, are discriminatory when they see this law and are dumping it forever today. It’s hard enough to live as a trans teenager, the last thing I and my peers need is to take away our rights.”
“Today, the court saw the state’s vitriol and blank justification and placed the last nail on this cruel and discriminatory co-legal co-op,” said attorney Nora Hooppert, Lambda’s legal department. “Parents should not be forced to deny access to safe and effective care that can alleviate their children’s suffering and provide a future. Montana’s constitution protects their right to privacy, so transgender young people in Montana will be able to sleep tonight.”
“We are extremely pleased that the courts have seen through unfounded discussions in the state about why gender-affirming healthcare should be treated differently from other forms of care,” added Marita Picasso, staff lawyer at the National ACLU. “The court acknowledges that SB 99 is true. This is an effort by the state to legislate the absence of transgender Montanan.”
“The Montana Constitution protects all Montanan’s privacy and dignity,” said ACLU, Achira del North, executive director of Montana. “In the face of these protections, cruel and inhumane laws like SB 99 always fail. Today’s decision must be a powerful message to those seeking to alienate and harass transgender Montanans.”
Source: Advocate.com – www.advocate.com
