The Montana Supreme Court on Wednesday upheld a lower court's decision to block enforcement of a 2023 state law banning so-called gender-affirming procedures such as sex-reassignment surgeries for children. Opponents of the law argued it violated the state constitution, and six of the seven justices agreed.
Justice Beth Baker wrote the majority opinion affirming that the lower court was correct when it issued a preliminary injunction against the law. The court also ruled that the original lawsuit challenging the law may proceed.
The Big Sky Country Superior Court cited the state's privacy rights as a reason to block implementation of the new law:
The right to individual privacy is essential to the well-being of a free society and must not be infringed unless a compelling national interest is expressed.
The court sided with the district court in granting a preliminary injunction against the law.
The district court did not err in law and clearly did not abuse its discretion. We affirm the granting of the preliminary injunction based on Plaintiffs' assertion of privacy rights. The case will proceed to trial, at which point the district court will ultimately resolve the facts at issue and issue a final judgment on the constitutional questions raised.
Judge Jim Rice dissented, saying the law, SB99, should be enforced except for the portion that prohibits Medicaid funding, which is not currently required by federal law.
So far, 26 states, including Montana, have enacted laws restricting the barbaric act of changing the sex of minors.
The “right” to receive “gender-affirming care”
One of the plaintiffs in the first lawsuit, 17-year-old “transgender” Phoebe Cross, claimed that the state legislature was trying to strip her of her rights.
I will never understand why my agent is trying to take away my rights and the rights of other transgender children. Living as a transgender teenager is difficult enough. The last thing I and my colleagues want is to have our rights taken away.
The American Civil Liberties Union (ACLU), which has strongly supported this child genocide, agreed. ACLU attorney Marita Picasso said in a statement:
We are extremely grateful for this opportunity to protect transgender youth, their families, and healthcare professionals from this baseless and dangerous law. Every day a transgender Montanan has access to this care is an important victory that saves lives. We will never stop fighting until all transgender people have the care and support they need to thrive.
Montana Gov. Greg Gianforte (Republican) opposed it.
Children who struggle with gender identity deserve love, compassion, and respect. They don't deserve ridicule, hostility, or isolation. They have a right to protection, not exploitation. Although their young minds and bodies are still developing, they should not be subjected to experimental, permanent, life-altering medical or surgical procedures.
The state's incoming Senate president, Republican Matt Regier, said the court “sided with liberals at the expense of common sense.”
“No child should be subjected to irreversible, life-altering transgender procedures,” Regier said. “The Montana Legislature will continue to fight this woke insanity on behalf of Montanans and will continue to fight to rein in a branch of government that has spiraled out of control,” he added.
The ACLU and other activists like to frame this issue as “transgender child protection,” when in reality they are trying to protect children from these dangerous, experimental, and irreversible procedures. is the problem. The U.S. Supreme Court has also taken up the issue, and the court appears poised to consider whether the concept of “transgender” youth should be considered.
