Montana Supreme Court Halts Trans Healthcare Ban for Minors

Senate Bill 99, a law passed in Montana’s legislature last year that would prevent transgender teenagers from receiving gender-affirming care, has been temporarily blocked in a new ruling from Montana Supreme Court.

The ruling comes shortly after a strict policy enforcing birth certificate and ID gender marker restrictions, that erased trans people with its definition of sex, was also rejected earlier this month. It upholds a previous decision made in lower court against the ban, which had originally been passed after being voted on by the state’s house of representatives in April 2023. The bill would have given trans teens only a few months to end their medical transitions, and even described the prescribing of gender-affirming care to minors as being “harmful” and alleged that trans teens would be “pressured” to begin treatment.

Zooey Zephyr, Montana’s historic first trans representative, had previously pushed back against the bill and been banned from the floor. She told lawmakers in the state’s house in a speech that “when you bow your heads in prayer, you (will) see the blood on your hands,” if the law passed. It did anyway. The case was brought against the state of Montana and its governor Greg Gianforte last spring. The injunction against the transphobic law will remain in place until the lawsuit, levied by trans teen Phoebe Cross and his family, is ruled on.

“I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,” the teen says in a statement. “Just living as a trans teenager is difficult enough; the last thing me and my peers need is to have our rights taken away.”

Cross’ take on the state’s attitude towards trans people certainly rings true. Just last year, several laws stripping trans people of their rights were introduced as the state has become increasingly conservative in its lawmaking in recent years. Standing up against these attacks hasn’t been easy, but Zephyr is not the only lawmaker who is fed up. Sarah McBride, a recently elected trans Congress member from Delaware, labeled the onslaught of bills against trans people as “mean-spirited” and called out its “attempt to misdirect” away from more important issues in the U.S.

The slew of transphobia exhibited by the government is most definitely concerning, but nevertheless the bravery of Zephyr, McBride, and countless other advocates of trans rights will continue to stand up against hate. But “the fight for trans rights is far from over,” according to ACLU of Montana director Akilah Deernose. The block will remain in effect until the lawsuit is ruled on.