Lambda Legal, ACLU, ACLU of Montana, and Perkins Coie have jointly filed an injunction challenging Montana's SB 99. They argue that the law violates transgender youth's rights to "gender-affirming" care, seeking to block its enforcement.
"There is no basis for states to interfere in the relationships that exist between parents and their children, nor between medical professionals and their patients," Lambda Legal wrote in a July 18 statement.
According to the release, Lambda Legal, the American Civil Liberties Union (ACLU), the ACLU of Montana, and Perkins Coie have filed an injunction in a federal district court on July 17, seeking to block the enforcement of Senate Bill 99 (SB 99) in Montana. Gov. Gianforte signed SB 99, also known as the "Youth Health Protection Act," in April 2023. The bill imposes restrictions on certain medical and surgical treatments for minors with gender dysphoria and prohibits the use of public funds, programs, property, and employees to support such treatments.
In their filing, the plaintiffs are requesting a preliminary injunction to prevent the State of Montana and the defendants from enforcing the unconstitutional provisions of SB 99, which hinder transgender minors' access to "medically necessary gender-affirming care." The legal team representing the plaintiffs served notice of this application to the defendants on July 17, 2023.
Lambda Legal, the ACLU, the ACLU of Montana, and Perkins Coie jointly issued a statement on July 18, expressing their concerns about the potential harm inflicted on transgender youth and their parents due to the threat of sudden termination of medical treatment, “there is no basis for states to interfere in the relationships that exist between parents and their children, nor between medical professionals and their patients,” the organizations concurred.
The organizations emphasized that such treatment has received extensive vetting and support from all major professional medical associations. They highlighted the court rulings across the country that have invalidated similar bans and stressed that the Montana Constitution provides even greater protections for individual rights than its federal counterpart.
The joint statement further criticized states' interference in the relationships between parents and their children, as well as medical professionals and their patients, going against the established medical consensus surrounding gender-affirming care. It denounced the dubious claims and unscientific arguments by proponents of these bans. The plaintiffs called upon the court to remove the looming threat over transgender youth and their families and safeguard their access to vital medical treatment.
Senate Bill 99 will go into effect on October 1, 2023.
