In Cross v. State of Montana, (MT Dist. Ct., May 13, 2025), a Montana state trial court in a 59-page opinion held that Montana Senate Bill 99 that bars hormonal or surgical treatment of minors for gender dysphoria is unconstitutional. The court said in part:
First, concerning the right to privacy, Plaintiffs have met their burden … by providing evidence that the major medical organizations in the United States endorse gender-affirming medical care as a safe, effective way to treat gender dysphoria. Defendants … fail to demonstrate a medically acknowledged, bona fide health risk with respect to the care banned by SB 99….
Second, Plaintiffs have met their burden … on their equal protection claim by demonstrating that SB 99 classifies based on similarly situated classes, infringes on several fundamental rights, and denies minors equal protection of the laws on the basis of sex and transgender status because it prohibits health care providers from administering certain care when sought to treat adolescents with gender dysphoria, but it allows the same providers to administer the same care to all other adolescent patients for all other purposes….
Finally … Plaintiffs successfully demonstrate that SB 99 unconstitutionally regulates medical providers’ speech based on content and viewpoint discrimination, and that it is presumptively invalid…. Moreover, Plaintiffs successfully demonstrate that SB 99 prohibits minors with gender dysphoria and their parents from hearing from health care providers….
The Hill reports on the decision. [Thanks to Scott Mange for the lead.]