The Montana Supreme Court just made a landmark decision in upholding a lower court’s preliminary injunction which blocks a ban on gender affirming care for minors from going into effect.
The court expects that the ban will be lifted as they believe it violates the Montana constitution, as well as rights to privacy, which was why they granted the injunction. They believe that it constitutes sex discrimination, and so such bans must be prohibited.
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The 41-page opinion said, “The District Court made no error of law and did not manifestly abuse its discretion. We affirm its grant of a preliminary injunction on the basis of Plaintiffs’ right to privacy claim. The case will proceed to trial, at which point the District Court will finally resolve the disputed facts and issue a final determination on the constitutional issues presented.”
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The ban relates to Senate Bill 99, which was signed into law by Gov. Greg Gianforte (R). The ban is sweeping and allows for legal repercussions against health professionals who provide such care to minors.
The ACLU of Montana, who were representing the plaintiffs in this case, celebrated the ruling.
“We are so thankful for this opportunity to protect trans youth, their families, and their medical providers from this baseless and dangerous law,” said Malita Picasso, Staff Attorney for the ACLU’s LGBTQ & HIV Project, in a statement. “Every day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop fighting until every transgender person has the care and support they need to thrive.”
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