The Montana Supreme Court recently upheld a temporary injunction preventing the enforcement of a controversial state law, Senate Bill 99, which aimed to restrict cosmetic sex-change surgeries and puberty-blocking drugs for minors identifying as transgender. This decision maintains the legal stalemate while a lawsuit over the law’s constitutionality progresses through the courts.
Justice Beth Baker, writing for the majority, highlighted the privacy protections enshrined in Montana’s constitution. She noted, “SB 99 proscribes lawful medications and procedures administered by competent and licensed health care providers.” The judgment cited that the plaintiffs had demonstrated a strong potential for success in their right to privacy argument.
Justice Baker also mentioned that the law denies patients the ability to make decisions in collaboration with their doctors and parents. It effectively bans individualized medical care, which she argued could cause irreparable harm to minors by increasing psychological distress and infringing upon fundamental privacy rights.
In a partially concurring and partially dissenting opinion, Justice Jim Rice acknowledged the need for a block on the medical restrictions but observed that “the medical and legal grounds regarding the subject treatment of minors addressed by SB 99 are moving under our feet.” He pointed to evolving national and international perspectives on the medical treatment of transgender minors as evidence of a shifting legal landscape.
Rice contended that the section of the law prohibiting Medicaid funding for transgender treatments should remain in effect, stressing the legislature’s constitutional role over spending and the lack of a federal mandate for such funding.
The American Civil Liberties Union’s Montana chapter, representing the plaintiffs, expressed relief at the court’s ruling. Executive Director Akilah Deernose stated, “Today’s ruling permits our clients to breathe a sigh of relief,” while emphasizing continual efforts to secure trans rights in Montana.
Montana Governor Greg Gianforte signed SB 99, also known as the Youth Health Protection Act, into law in April 2023. The law bans doctors from performing certain surgeries and prescribing puberty blockers for minors experiencing gender dysphoria. This legislation is part of a broader wave of similar laws in over two dozen states.
Following the law’s enactment, progressive groups filed a lawsuit on behalf of two transgender minors and their families, along with two medical providers. In September 2023, just before the law was set to take effect, District Court Judge Jason Marks issued a ruling to temporarily halt its enforcement.
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This article was originally written by www.christianpost.com
