By Amy Beth Hanson | Associated Press
HELENA, Mont. — A Montana law banning gender-affirming medical care for transgender minors is temporarily blocked, a state judge ruled Wednesday, just four days before it was to take effect.
District Court Judge Jason Marks agreed with transgender youth, their families and health care providers that the law passed by the 2023 Montana Legislature is likely unconstitutional and would harm the mental and physical health of minors with gender dysphoria, rather than protect them, as supporters said it would.
Marks called the Legislature’s stated intent “disingenuous” and said it seemed more likely the law’s purpose is to “ban an outcome deemed undesirable by the Montana Legislature, veiled as protection for minors.”
“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 preliminary injunction remains in effect until a full trial can be held on the issue, but the state Department of Justice said it will appeal the injunction.
“We look forward to presenting our complete factual and legal argument to protect Montana children from harmful, life-altering medications and surgeries. Because of the irreversible and immediate harms that the procedures have on children we will be filing a notice of appeal today,” spokesperson Emilee Cantrell said in a statement.
Montana is one of at least 22 states that have enacted bans on gender-affirming medical care for minors and most face lawsuits. Some bans have been temporarily blocked by courts, while others have been allowed to take effect. The 6th U.S. Circuit Court of Appeals is expected to rule this week on the gender-affirming medical care bans that were allowed to take effect in Kentucky and Tennessee.
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