Montana judge strikes law protecting kids from transgender procedures

Montana District Judge Jason Marks on Tuesday ruled that a state law protecting minors from transgender surgeries and cross-sex hormones was unconstitutional. The 2023 law also barred the use of public funds for such interventions. Marks permanently blocked the law’s enforcement, siding with the plaintiffs, who included a transgender-identifying child and the child’s parents.

Why did Marks strike down the law? He wrote in his opinion that the law infringed on the right to privacy enshrined in the state constitution, which includes privacy in making healthcare decisions. He cited guidelines from the World Professional Association for Transgender Health, or WPATH, saying transgender procedures for children met accepted standards and didn’t pose a proven risk. Marks also said the law was a form of viewpoint discrimination and broke free speech protections because it prohibited providers from referring children for transgender procedures in other states.

Hasn’t WPATH been in the news before? Last year, WORLD reported on leaked WPATH files that appeared to show confusion among practitioners of gender medicine. Environmental Progress, an American conservationist nonprofit that states its goal is “solving big problems, without regard for ideology,” released the files in a 241-page report in March 2023. It appears to document discussions from a private online forum and an 82-minute video of a virtual meeting between members, but it redacts most of the names of the people mentioned.

The documents reveal discussions in which doctors were encouraged to proceed with hormone treatments and risky surgeries on young children and mentally unstable people even as internal debates continued over whether these vulnerable patients could give informed consent.

Dig deeper: Read my report on the pro-life protections included in the House’s proposed budget bill.