Montana Supreme Court upholds lower court ruling that allows gender-affirming care for minors

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Montana Supreme Court upholds lower court ruling that allows gender-affirming care for minors
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HELENA, Mont.

— A Montana law banning gender-affirming medical care for transgender minors will remain temporarily blocked, the state Supreme Court ruled Wednesday, after justices agreed with a lower court judge who found the law is likely unconstitutional.

Legislative debate over Montana’s bill drew national attention in the spring of 2023 after Republicans punished Democratic Rep. Zooey Zephyr — the first transgender woman elected to the state’s Legislature — for admonishing lawmakers who supported the bill. The judge noted the same Republican-controlled Legislature passed a law saying patients, including minors, have a right to receive treatment with experimental drugs — as long as it's recommended by a health care provider and they give consent.

The law sought to prohibit the use of puberty blockers, cross-sex hormones and surgical treatments for gender dysphoria. However, cisgender minors would still be able to receive puberty blockers to treat early puberty or surgical procedures to treat intersex conditions, the plaintiffs argued.

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