Montana judge halts ban on medical care for transgender minors.
OAN’s James Meyers
3:26 PM – Wednesday, September 27, 2023
A Montana law banning medical care for transgender minors has been temporarily suspended.
District Court Judge Jason Marks ruled a law passed this year by the Montana Legislature blocking medical care for transgender youths was unconstitutional and would harm the mental and physical health of minors with gender dysphoria. The law was set to take effect in the next four days on October 1st.
Marks’s ruling places a preliminary injunction on the ban until a full trial can be held to discuss the law, according to the Associated Press. The judge expects his ruling to be appealed to the Montana Supreme Court.
“Today’s ruling permits our clients to breathe a sigh of relief,” Akilah Deernose, executive director of the ACLU of Montana, said in a statement. “But this fight is far from over. We look forward to vindicating our clients’ constitutional rights and ensuring that this hateful law never takes effect.”
The law was set to prohibit the use of puberty blockers, cross-sex hormones, and surgical treatment for gender dysphoria, which is a term used to describe the difference between gender assigned at birth and the desired identifying gender.
This comes after earlier this year Republican Governor Greg Gianforte (R-MT) signed the bill into effect in April, citing public funds would not be used to pay for gender transition surgeries.
The bill ““protects Montana children from permanent, life-altering medical procedures until they are adults, mature enough to make such serious decisions,” Gianforte wrote in a letter.
Additionally, transgender youth and supporters argued that the law would violate their rights to equal protection, the right to seek health, and the right to dignity. Parents of transgender youth argued the law would violate their constitutional rights to make medical decisions for their children.
“Montana’s ban is a direct assault on the freedom and well-being of transgender youth, their families, and their medical providers,” Malita Picasso, staff attorney for the American Civil Liberty Union, said in a previous statement.
A study done by Columbia University released in August revealed that gender transition surgeries in the United States almost tripled from 2016 to 2019.
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Why was the law deemed unconstitutional and harmful to transgender minors?
Montana Law Banning Medical Care for Transgender Minors Temporarily Suspended
A recent Montana law aimed at blocking medical care for transgender minors has been temporarily suspended. District Court Judge Jason Marks ruled that the law, passed earlier this year by the Montana Legislature, was unconstitutional and would harm the mental and physical well-being of minors with gender dysphoria. The law, which was set to take effect on October 1st, has now been placed under a preliminary injunction until further trial and discussion of the law can be held.
The ruling by Judge Marks comes as a relief to transgender rights activists and organizations such as the ACLU of Montana. Akilah Deernose, executive director of the ACLU of Montana, expressed her satisfaction with the ruling, stating, “Today’s ruling permits our clients to breathe a sigh of relief. But this fight is far from over. We look forward to vindicating our clients’ constitutional rights and ensuring that this hateful law never takes effect.”
The controversial law would have prohibited transgender minors from receiving puberty blockers, cross-sex hormones, and surgical treatment for gender dysphoria. Gender dysphoria is a term used to describe the disconnect between an individual’s assigned gender at birth and their desired identifying gender.
Earlier this year, Republican Governor Greg Gianforte of Montana signed the bill into effect, pointing out that public funds should not be used to pay for gender transition surgeries. In a letter, Gianforte stated that the law “protects Montana children from permanent, life-altering medical procedures until they are adults, mature enough to make such serious decisions.”
However, transgender youth, their families, and supporters argue that the law infringes upon their rights to equal protection, the right to seek healthcare, and the right to dignity. Parents of transgender youth also assert that the law violates their constitutional rights to make medical decisions for their children.
The suspension of the law is seen as a significant win for LGBTQ+ groups and individuals in Montana. While Judge Marks’s ruling is expected to be appealed to the Montana Supreme Court, activists remain hopeful that the unconstitutional ban on medical care for transgender minors will be permanently overturned.
The battle for transgender rights and healthcare access continues, as activists work tirelessly to ensure that all individuals, regardless of their gender identity, have the right to medical treatment and care that aligns with their needs and well-being.
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