Missoula Court Weighs Montana Senate Bill 99 on Gender-Affirming Care for Minors
MISSOULA — A Missoula District Court Judge heard key arguments regarding Montana Senate Bill 99, which seeks to prohibit gender-affirming care for minors. The bill has faced legal challenges, with a preliminary injunction currently upheld by the Montana Supreme Court, leaving its implementation in limbo as the court evaluates its constitutionality.
During the hearing, state attorneys argued that minors lack the capacity to provide informed consent to such medical procedures, suggesting they may lead to irreversible consequences like infertility and mental health challenges. Judge Jason Marks engaged the state’s representatives, questioning how SB 99 aligns with Montana’s constitutional right to privacy and the justification for its enforcement under the guise of protecting minors.
Representing the plaintiffs, the ACLU of Montana contended that the bill violates transgender minors’ privacy rights and the equal protection clause of the Constitution. ACLU deputy director Alex Rate emphasized that the state failed to prove the necessity or effectiveness of the ban, arguing that gender-affirming care is essential for those diagnosed with gender dysphoria. Rate stated, “The state should respect the relationship between patients and their healthcare providers.”
In contrast, a spokesperson for the attorney general’s office defended the legislation, asserting that the state has a vital role in shielding children from what they characterize as harmful medical interventions.
A ruling from Judge Marks is anticipated soon, which could have significant implications for the future of gender-affirming healthcare for minors in Montana. The case continues to draw attention as advocates on both sides await the court’s decision.
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