Montana Supreme Court blocks ban on transgender surgeries, prompting outcry from GOP lawmaker, supporters

Republican Sen. John Fuller, who sponsored the bill before it was signed into law by Gov. Greg Gianforte in April 2023, told The Associated Press that the decision on Wednesday "is an egregious example of the hyperpartisanship of the Montana Supreme Court." 

He criticized the courts for upholding the "ability to sterilize and mutilate children" and denying protection to children "from unscientific and experimental drugs and operations that have grown increasingly evident as a danger to children." 

"Children's healthcare must always be evidence-led. The independent expert Commission on Human Medicines found that the current prescribing and care pathway for gender dysphoria and incongruence presents an unacceptable safety risk for children and young people," Health and Social Care Secretary Wes Streeting said in a statement. 

In Montana's case, transgender youth argued the law would ban them from continuing to receive gender-affirming medical care, violating their constitutional rights to equal protection, the right to seek health care and the right to dignity. The state Supreme Court upheld the injunction based on the right to privacy, which court rulings have said includes the right to make personal medical decisions free from government interference. 

"Today's ruling permits our clients to breathe a sigh of relief," Akilah Deernose, the executive director of the ACLU of Montana, said in a statement. "But the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference." 

The case against the Montana law now goes to trial before District Court Judge Jason Marks, with the state attorney general's office telling the AP it looks forward to defending the law. 

"In upholding the district court's flawed decision to temporarily block a duly enacted law, the Supreme Court put the wellbeing of children -- who have yet to reach puberty -- at risk by allowing experimental treatments that could leave them to deal with serious and irreversible consequences for the rest of their lives to continue," spokesperson Chase Scheuer said to the news agency. 

"SB 99 affords no room for decision-making by a patient in consultation with their doctors and parents," she reportedly added. "The statute is a complete ban, prohibiting individualized care tailored to the needs of each patient based on the exercise of professional medical judgment and informed consent." 

The Associated Press contributed to this report.