A Montana judge has temporarily blocked the state’s Senate Bill 99, known as the “Youth Health Protection Act”, which bars certain gender-affirming medical treatments for minors. District Court Judge Jason Marks found that Senate Bill 99 (SB 99) would likely have an adverse impact rather than protecting minors and considered the stated purpose to be misleading.
Judge Marks also suggested that SB 99 may not pass constitutional scrutiny, describing the bill as presenting itself as a protection for minors. He highlighted an apparent bias against transgender individuals in the legislative record and legislators’ suggestions of personal, moral, or religious misgivings about gender transition.
Malita Picasso, a staff attorney for the American Civil Liberties Union’s (ACLU) LGBTQ & HIV Project, stated, “SB 99 is a discriminatory law that targets the only safe and effective care for transgender youth. We will continue to fight this law until all transgender Montanans have the healthcare they need.”
While the Youth Health Protection Act was initially due to come into effect on October 1, it will remain blocked until the question of its constitutionality can be addressed through court proceedings.
It’s important to highlight that similar bans on gender-affirmative medical care have previously been ruled unconstitutional in states like Arkansas and Texas.
More information on this topic can be found here.