Montana Gov. Gianforte signed SB99 banning gender-affirming medical care for transgender minors

Montana Gov. Greg Gianforte signed Senate Bill 99, the "Youth Health Protection Act," into law on April 28, 2023, prohibiting health care providers from offering puberty blockers, cross-sex hormones, and a range of surgical procedures to transgender minors for the purpose of treating gender dysphoria. The bill made a narrow exception for treatment of specific disorders of sex development. Sponsored by Sen. John Fuller, R-Whitefish, it passed the Republican-controlled Legislature in committee and floor votes along party lines and was scheduled to take effect Oct. 1, 2023.

Providers who violated the ban faced professional discipline, including suspension of their medical licenses for at least one year. In a statement, Fuller said the governor was "supporting the health and safety of Montana's children." LGBTQ+ advocacy coalitions, civil-rights groups, and medical associations criticized the signing; the ACLU of Montana and allied legal organizations had pledged to challenge the law in court, calling it "anti-science and discriminatory fear-mongering." The measure made Montana one of more than a dozen states to enact such restrictions in 2023.

Updates

2023-09-27 — District court preliminarily enjoined the ban [3]

On September 27, 2023, a Montana district court judge in Missoula, Jason Marks, preliminarily blocked SB99 from taking effect while a constitutional challenge proceeded, finding the law appeared to have "no rational relationship to protecting children." The plaintiffs, transgender minors, their families, and medical providers represented by the ACLU and allied groups, argued the ban violated the privacy protections of the Montana Constitution.

2024-12-11 — Montana Supreme Court upheld the injunction [4, 5]

On December 11, 2024, the Montana Supreme Court upheld the preliminary injunction, holding that SB99 likely violated the state constitution's right to privacy and continuing the block on enforcement. Justice Beth Baker wrote the opinion, joined by five other justices, concluding the plaintiffs faced irreparable harm to their constitutional privacy rights.

2025-05-13 — Court struck down the ban permanently [6]

On May 13, 2025, a Montana court granted summary judgment for the plaintiffs in Cross v. Montana, striking down SB99 as a violation of the constitutional rights of transgender youth and the providers who treat them. The ruling permanently removed the threatened prohibition on gender-affirming care for minors in the state.