Montana Supreme Court Blocks Ban on Gender-Affirming Care for Trans Youth

In a landmark decision, the Montana Supreme Court has ruled that a state law banning gender-affirming care for transgender minors is unconstitutional. The court found that SB 99, passed in 2023, violates the privacy protections enshrined in the Montana Constitution, which safeguard individuals from government interference in private medical decisions. This ruling ensures that transgender youth in Montana can continue accessing essential healthcare.

The decision was celebrated by families, advocacy groups, and healthcare providers alike. Phoebe Cross, a 17-year-old transgender boy and one of the plaintiffs in the case, shared his relief and frustration. “I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,” he said. “Just living as a trans teenager is difficult enough; the last thing me and my peers need is to have our rights taken away.”

Legal experts hailed the ruling as a critical victory. “Fortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,” said Kell Olson, counsel at Lambda Legal. “Because Montana’s constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.”

The court’s decision underscored the broad implications of government intrusion in healthcare decisions. Writing for the majority, the justices held that the law selectively banned specific medical treatments for transgender youth while allowing similar procedures for other minors. The ruling stated, “[T]he law puts governmental regulation in the mix of an individual’s fundamental right ‘to make medical judgments affecting her or his bodily integrity and health in partnership with a chosen health care provider.’”

The ruling also drew attention to broader concerns about discrimination. While the majority opinion focused on privacy rights, two justices concurred separately, urging the court to clarify that discrimination based on transgender status constitutes sex discrimination under Montana’s Equal Protection Clause.

Advocates pledged to continue the fight for transgender rights. Malita Picasso, a staff attorney for the ACLU’s LGBTQ & HIV Project, emphasized the life-saving importance of the decision. “Every day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop fighting until every transgender person has the care and support they need to thrive.”

Akilah Deernose, Executive Director of the ACLU of Montana, echoed the sentiment. “Today’s ruling permits our clients to breathe a sigh of relief,” she said. “But the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference.”

The plaintiffs in the case included families of transgender youth and healthcare providers. They argued that the ban unfairly targeted gender-affirming care, putting their patients’ health and well-being at risk. With this decision, Montana becomes a significant battleground in the broader national conversation about the rights of transgender individuals and access to healthcare.

This ruling comes just as the U.S. Supreme Court is considering a similar case involving a Tennessee law banning gender-affirming care. However, today’s decision in Montana was grounded entirely in state constitutional law, providing additional insulation for transgender youth and their families in the state.

For Montana’s transgender community, the decision represents a hard-fought victory, though advocates caution that the struggle for equality and access to healthcare continues.

For more details, the court’s full decision is available here.