Montana Supreme Court blocks ban on transgender surgeries, prompting outcry from GOP lawmaker, supporters
The Montana Supreme Court has made a decision to temporarily block a law that aimed to ban transgender surgeries for minors, following a ruling that deemed the law likely violates the state’s constitutional right to privacy. The law, which was signed by Governor Greg Gianforte in April 2023, sought to prohibit the use of puberty blockers, cross-sex hormones, and surgical treatments for gender dysphoria in minors.
Republican Senator John Fuller, who sponsored the bill, criticized the court’s decision as an “egregious example of hyperpartisanship.” He expressed concerns about the court’s ruling upholding the ability to sterilize and mutilate children and denying protection to children from what he described as “unscientific and experimental drugs and operations.”
Transgender youth in Montana argued that the law would prevent them from receiving gender-affirming medical care, violating their rights to equal protection, seek healthcare, and dignity. The state Supreme Court upheld the injunction based on the right to privacy, which includes the right to make personal medical decisions free from government interference.
The case will now go to trial before District Court Judge Jason Marks, with the state attorney general’s office prepared to defend the law. The ACLU of Montana, on the other hand, expressed relief over the court’s decision but emphasized that the fight for transgender rights is far from over.
The ruling in Montana comes as the United Kingdom announced indefinite measures banning the sale and supply of puberty-suppressing hormones, citing safety risks for children and young people. Montana is one of at least 26 states that have passed bans on gender-affirming medical care for minors, with ongoing legal challenges in many states.
The majority opinion in the Montana Supreme Court decision highlighted that the law, Senate Bill 99, prohibits lawful medications and procedures administered by licensed healthcare providers. Justice Beth Baker noted that the statute is a complete ban, restricting individualized care tailored to each patient’s needs based on professional medical judgment and informed consent.
The decision to block the transgender surgery ban in Montana has sparked debate and controversy, with stakeholders on both sides of the issue expressing their viewpoints. The fight for transgender rights and access to gender-affirming medical care continues, with legal battles expected to unfold in the coming months.
