The Montana Supreme Court has issued a ruling today (Wednesday, Dec. 11) declaring that SB 99, a 2023 Montana law that categorically bans life-saving gender-affirming care for transgender youth, is unconstitutional under the Montana state constitution’s privacy clause.
The privacy clause prohibits government intrusion on private medical decisions. Lambda Legal applauded the decision, saying this ruling “will allow Montana communities and families to continue accessing medical treatments for transgender minors with gender dysphoria.” Phoebe Cross, a 17-year-old trans boy, said, “I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids.
Just living as a trans teenager is difficult enough; the last thing me and my peers need is to have our rights taken away.” Lambda Legal Counsel Kell Olson said the ruling shows that “the Montana Supreme Court understands the danger of denying transgender Montana youth access to gender-affirming care.
Because Montana’s constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.” Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project, added, “We are so thankful for this opportunity to protect trans youth, their families and their medical providers from this baseless and dangerous law.