In a historic win for the LGBTQ+ community, the Montana Supreme Court has upheld a temporary injunction against the state’s ban on gender-affirming care for trans youth.
The case was brought on by several trans teens and their families along with two medical providers, following a ban on gender-affirming care access for trans teens, but not cisgender teens, meaning those who were already transitioning were blocked from access to treatments necessary to continue care.
However, the win was not without a fight. LGBTQ Nation reports that Republican lawmakers voted to ban Rep. Zooey Zephyr, the state’s first trans lawmaker, from entering the state house floor. Zephyr also told Republican colleagues that they would have blood on their hands for supporting the bill.
The case’s plaintiffs argued that the ban violated illegal sex discrimination practices, as it only ban certain treatments based on whether the patient was cis or trans. Their parents also argued that the law violated their right to make medical decisions for their children according to LGBTQ Nation.
“I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,” said lead plaintiff, Phoebe Cross in a statement. “Just living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.”
Though many states have been imposing restrictions on gender-affirming care, it is backed by nearly all major medical organizations across the nation. The Montana ban was blocked by a lower court in September 2023 claiming it was “unlikely to survive any level of constitutional review.”
Lambda Legal Counsel and the ACLU both worked on the case. Lambda Legal’s Kell Olson said “Fortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare.”
