Helena, MT– Montana’s highest court has halted the prohibition on surgeries for transgender individuals, leading to strong reactions from a Republican legislator and advocates.
A ruling from the state Supreme Court has temporarily upheld a block on a Montana law that prohibits transgender surgeries for minors, prompting a Republican lawmaker to label it as a significant instance of extreme partisanship.
The justices supported a lower court ruling that determined the law aiming to ban puberty blockers, cross-sex hormones, and surgical treatments for gender dysphoria probably infringes upon Montana’s constitutional right to privacy.
Senator John Fuller, a Republican who backed the legislation prior to its enactment by Governor Greg Gianforte in April 2023, expressed to The Associated Press that the ruling on Wednesday “is a glaring instance of the extreme partisanship displayed by the Montana Supreme Court.”
In Montana, transgender youth contended that the legislation would prevent them from accessing essential gender-affirming medical care, infringing upon their constitutional rights to equal protection, the pursuit of health care, and the right to dignity. The state Supreme Court has reaffirmed the injunction, emphasizing the importance of privacy rights that encompass the ability to make personal medical choices without government intrusion.
Montana joins a growing list of states, totaling at least 26, that have enacted prohibitions on medical care aimed at supporting gender identity for minors, with many currently embroiled in legal challenges. Some bans have been temporarily blocked by courts, while others have been allowed to take effect. Fifteen states have implemented safeguards for minors seeking gender-affirming medical care.