Montana Supreme Court Upholds Ruling for Minors to Access Transgender

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The Supreme Court of Montana on Dec. 11 upheld a lower court’s decision to temporarily block a state ban on so-called “gender-affirming care” for minors, allowing children to continue accessing such medical procedures.

The ruling stems from a lawsuit filed in response to a state bill, SB 99, which was signed into law by Montana Republican Gov. Greg Gianforte in April last year that restricted transgender procedures for minors in the state.

The lawsuit, filed in May by multiple plaintiffs, sought to prevent the bill from being implemented, citing constitutional violation. The District Court of the Fourth Judicial District sided with the plaintiffs, granting a preliminary injunction that temporarily blocked SB 99’s implementation.

The State of Montana then filed an appeal with the Supreme Court of the State of Montana. On Wednesday, the Supreme Court ruled in favor of the plaintiffs, affirming the district court’s preliminary injunction.

“Plaintiffs’ alleged injury—loss of the constitutional privacy right—is irreparable with a monetary remedy, which makes their claim appropriate for a preliminary injunction,” the court said in an opinion authored by Justice Beth Baker and concurred by five additional justices. […]

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