Montana Supreme Court upholds gender-affirming care for minors

Dec 12, 2024

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Lauren Taylor Anchor/Reporter

By Lauren Taylor (Anchor/Reporter), Jake Larsen (Video Editor)

The Montana Supreme Court upheld a lower court’s temporary injunction on a ban of gender-affirming care for transgender minors, at least for now. The state’s high court unanimously agreed with the lower court’s ruling that the ban on gender-affirming medical care violates the state’s constitutional right to privacy.

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The ban, which prohibits the use of puberty blockers and surgeries for transgender minors, was signed into law by Gov. Greg Gianforte, R, in 2023.

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Montana State Democratic Rep. Zooey Zephyr, the Montana House’s first openly transgender person, spoke out during debates over the bill. Zephyr said lawmakers who supported the ban would have “blood on their hands.”

Zephyr was censured for her comments and barred from the state House floor for one week.

In a post on X Wednesday, Dec. 11, Zephyr wrote, “The gender-affirming care ban in Montana has been blocked by the MT Supreme Court in a unanimous decision. Montana has a constitutional right to privacy, including in our healthcare decisions. And today our constitution continues to protect individuals from government overreach.”

Gov. Gianforte also released a statement on X, saying in part, “Once again, the Montana Supreme Court sided with radical activists instead of protecting our children. Children are entitled to protection, not exploitation. They should not be subjected to permanent, life-altering medical and surgical procedures.”

The case now heads to trial before a Missoula County District Court judge.

The U.S. Supreme Court heard arguments in United States v. Skrmetti last week, a case that will determine the legality of gender-affirming care for transgender youth. A decision is expected in the spring of 2025.

Tags: Children, Greg Gianforte, Health Care, Montana, Supreme Court, Transgender

[Lauren Taylor]

THE MONTANA SUPREME COURT UPHELD A LOWER COURT’S TEMPORARY INJUNCTION OF A BAN ON GENDER-AFFIRMING CARE FOR TRANSGNDER MINORS, FOR NOW.

THE STATE’S HIGH COURT UNANIMOUSLY AGREED TO UPHOLD A LOWER COURT’S TEMPORARY RULING THAT THE BAN ON GENDER-AFFIRMING MEDICAL CARE VIOLATES THE STATE’S CONSTITUTIONAL RIGHT TO PRIVACY.

THE BAN ON PUBERTY BLOCKERS AND SURGERIES FOR TRANSGENDER MINORS WAS SIGNED INTO LAW BY GOVERNOR GREG GIANFORTE IN 2023.

MONTANA STATE DEMOCRATIC REPRESENTATIVE ZOOEY ZEPHYR IS THE STATE’S FIRST TRANSGENDER PERSON TO SERVE IN MONTANA’S HOUSE OF REPRESENTATIVES.

WHEN THE BILL WAS BEING DEBATED, ZEPHYR SAID LAWMAKERS WHO SUPPORT THE BAN WOULD HAVE BLOOD ON THEIR HANDS.

ZEPHYR’S WAS CENSURED FOR THE COMMENTS AND BARRED FROM THE STATE’S HOUSE FLOOR FOR A WEEK.

IN A POST ON X WEDNESDAY, ZEPHYR WROTE “THE GENDER AFFIRMING CARE BAN IN MONTANA HAS BEEN BLOCKED BY THE MT SUPREME COURT IN A UNANIMOUS DECISION. MONTANA HAS A CONSTITUTIONAL RIGHT TO PRIVACY, INCLUDING IN OUR HEALTHCARE DECISIONS. AND TODAY OUR CONSTITUTION CONTINUES TO PROTECT INDIVIDUALS FROM GOVERNMENT OVERREACH.”

GOVERNOR GIANFORTE ALSO RELEASED A STATEMENT ON X SAYING IN PART: “ONCE AGAIN, THE MONTANA SUPREME COURT SIDED WITH RADICAL ACTIVISTS INSTEAD OF PROTECTING OUR CHILDREN. CHILDREN ARE ENTITLED TO PROTECTION, NOT EXPLOITATION. THEY SHOULD NOT BE SUBJECTED TO PERMANENT, LIFE-ALTERING MEDICAL AND SURGICAL PROCEDURES.”

THE LAW NOW HEADS TO TRIAL BEFORE A MISSOULA COUNTY DISTRICT COURT JUDGE.

THE UNITED STATES SUPREME COURT HEARD ARGUMENTS IN UNITED STATES V. SKRMETTI LAST WEEK, A CASE THAT WILL DETERMINE THE LEGALITY OF GENDER-AFFIRMING CARE FOR TRANSGENDER YOUTH. A DECISION IS EXPECTED TO COME DOWN IN SPRING OF 2025.