Montana high court allows state law regarding trans care for minors to stay temporarily blocked

By 
 December 13, 2024

Several red or red-leaning states have taken measures over the past few years to restrict or block transition-related care for minors, and many of those states have successfully held up such laws.

But in some cases, the state laws restricting trans-related care for minors have been upended by the courts, and that was most recently the case in Montana. 

According to NBC News, the Montana Supreme Court affirmed a lower court's ruling that temporarily blocked "a state law prohibiting transition-related health care for minors."

Efforts to quash the state law came as the result of a lawsuit filed "by two transgender teens and their families, as well as two providers of transition-related care," the outlet noted.

What's going on?

Not surprisingly, Montana Attorney General Austin Knudsen wasn't happy with the decision, and his press secretary, Chase Scheuer, said the state AG's office looks forward to "defending the case on its merits, which will include recent scientific developments ignored by this court."

"The Supreme Court has abandoned Montanans once again to rule in favor of their out-of-state political allies,” Scheuer said in a statement to NBC News.

"In upholding the district court’s flawed decision to temporarily block a duly enacted law, the Supreme Court put the wellbeing of children -- who have yet to reach puberty -- at risk by allowing experimental treatments that could leave them to deal with serious and irreversible consequences for the rest of their lives to continue."

The law was passed in April 2023 by the Republican-controlled Montana Legislature.

NBC News noted:

Montana’s Republican-controlled Legislature passed a law in April 2023 prohibiting health care providers from using puberty blockers, hormone therapy and surgery to treat minors with dysphoria. The law also prohibits Medicaid from covering such treatments for trans minors.

Missoula County District Court Judge Jason Marks first blocked the dually enacted law in September 2023.

Celebrated by trans groups and ACLU

The state's high court's ruling was well received by the American Civil Liberties Union and a trans-advocacy group representing the plaintiffs.

"Fortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,” Kell Olson, an attorney for Lambda Legal, a transgender advocacy group, said in a statement.

“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."

Only time will tell if the state's Republican AG will be able to flip that decision.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson