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Montana judge strikes down law banning gender-affirming care for minors



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On May 13, Judge Jason Marks in Missoula permanently struck down Montana’s 2023 law banning most gender-affirming medical care for transgender minors. The law, Senate Bill 99, aimed to restrict puberty blockers, hormones, and related treatments for transgender youth and was challenged for violating constitutional rights.


The ruling determined that SB 99 infringes upon protections guaranteed by Montana’s Constitution related to personal privacy, fair treatment under the law, and freedom of expression, leading to a statewide injunction against enforcing the law.


Marks ruled that the prohibition infringes upon the privacy and free speech protections outlined in the Montana Constitution and constitutes discrimination grounded in viewpoint.


The decision removes legal threats to transgender youth and their medical providers, though the state plans to appeal and continue efforts to enforce the ban.

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