Legislative debate over Montana’s bill drew national attention this spring after Republicans punished— the first transgender woman elected to the state’s Legislature — for admonishing lawmakers who supported the bill.
District Court Judge Jason Marks agreed with transgender youth, their families and healthcare providers that the law passed by the 2023 Montana Legislature is likely unconstitutional and would harm the mental and physical health of minors with gender dysphoria, rather than protect them from experimental treatments, as supporters said it would.
Marks said he could only conclude the Legislature’s stated intent in passing the law was “disingenuous” and it seemed more likely its purpose is to “ban an outcome deemed undesirable by the Montana Legislature, veiled as protection for minors.” “Today’s ruling permits our clients to breathe a sigh of relief,” Akilah Deernose, executive director of the ACLU of Montana, said in a statement. “But this fight is far from over. We look forward to vindicating our clients’ constitutional rights and ensuring that this hateful law never takes effect.”
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