A Montana judge has issued a temporary injunction to halt the enforcement of the state’s recent ban on transgender surgeries for minors.
SB 99, also known as the “Youth Health Protection Act,” was recently passed by the State of Montana and was set to go into effect on October 1. The law places a ban on puberty blockers, as well as hormone treatment and surgeries for children who identify as transgender.
However, District Court Judge Jason Marks issued a preliminary injunction on this new legislation. In his ruling, Marks expressed reservations about the constitutionality of the law, particularly with regard to equal protection and privacy rights. He noted that the law may infringe upon the state’s Equal Protection Clause and suggested it could encroach on the plaintiffs’ right to privacy. Marks also argued that transgender surgeries for minors are not medically acknowledged as “bona fide health risks.”
The legal challenge against SB99 was brought forward by the American Civil Liberties Union (ACLU) of Montana. Over the past year, the ACLU has brought forward numerous legal challenges across the country against state laws that attempt to ban irreversible transgender surgeries for small children. The ACLU asserts that treatments recommended for children with gender dysphoria align with the guidelines set by major medical organizations.
The Montana Attorney General’s Office, however, defended the state ban, stating that the law “provides commonsense protections for Montana children – who can’t even enter into contracts or buy cigarettes or alcohol – from harmful, life-altering medications and surgeries.”
