Montana Judge Rules 2023 Gender-Affirming Care Ban Unconstitutional

A Montana state district court judge, Jason Marks, ruled that the 2023 law banning most gender-affirming treatments for transgender minors is unconstitutional, violating the state constitution’s rights to privacy, equal protection, and free speech. The law, Senate Bill 99, prohibited puberty blockers, hormone therapy, and surgeries for transgender youth, but was found to be politically and ideologically motivated to block transgender expression rather than protect minors. The judge highlighted that the state failed to prove a medically acknowledged, bona fide health risk associated with gender-affirming care and criticized the rationale based on the existence of detransitioners due to low regret rates. Plaintiffs, including transgender teenager Phoebe Cross and healthcare providers, successfully argued that the law infringed on their constitutional rights and access to medically recognized treatments. The Montana Supreme Court had previously upheld a block on the law, and the state has expressed plans to appeal the latest ruling. The judge emphasized that medical decisions for minors should not be interfered with on the basis of potential risks present in all medical treatments, rejecting the state's arguments about lack of consensus on care benefits.