Montana Supreme Court upholds transgender surgeries, sparking controversy among GOP lawmakers and opponents.

The Montana law prohibiting transgender surgeries for minors will be temporarily suspended due to a state Supreme Court ruling that a Republican legislator considers an "outrageous instance of political polarization."

The constitutional right to privacy in Montana was found to be likely violated by a law that prohibits the use of puberty blockers, cross-sex hormones, and surgical treatments for gender dysphoria, as ruled by a lower court judge.

The Montana Supreme Court's decision on Wednesday is a clear example of the hyperpartisanship that has plagued the state's politics, according to Republican Sen. John Fuller, who sponsored the bill before it was signed into law by Gov. Greg Gianforte in April 2023.

The courts were criticized for allowing the sterilization and mutilation of children and failing to protect them from unscientific and experimental drugs and operations that have become increasingly dangerous to their health.

The ruling on the ban of puberty-suppressing hormones was made on the same day as the United Kingdom's announcement to make the existing emergency measures indefinite, based on medical expert advice.

The Health and Social Care Secretary, Wes Streeting, stated that children's healthcare must always be evidence-based. According to the independent expert Commission on Human Medicines, the current prescribing and care pathway for gender dysphoria and incongruence poses an unacceptable safety risk for children and young people.

In Montana, transgender youth contended that the law would prevent them from receiving gender-affirming medical care, infringing upon their constitutional rights to equal protection, the right to seek healthcare, and the right to dignity. However, the state Supreme Court upheld the injunction on the grounds of privacy, which court decisions have established as encompassing the right to make personal medical decisions without government interference.

At least 26 states, including Montana, have enacted bans on gender-affirming medical care for minors, with some facing lawsuits. However, courts have temporarily blocked some of these bans, while others have taken effect. In contrast, 15 states have enacted protections for gender-affirming medical care for minors.

"Akilah Deernose, the executive director of the ACLU of Montana, stated that today's ruling allows their clients to breathe a sigh of relief. However, the fight for trans rights is not over yet. The ACLU of Montana will continue to advocate for the right of all Montanans, including those who are transgender, to live their lives freely without intrusive government interference."

The Montana law is being tried in District Court before Judge Jason Marks, with the state attorney general's office ready to defend it.

The Supreme Court's decision to uphold a flawed district court ruling that temporarily blocked a law, putting the wellbeing of children at risk, was criticized by spokesperson Chase Scheuer, who argued that the decision allowed experimental treatments that could cause irreversible consequences for the rest of their lives to continue.

Justice Beth Baker, in a majority opinion, stated that Senate Bill 99 restricts "legal medical treatments performed by qualified and licensed healthcare professionals," as reported by The Washington Examiner.

"The statute SB 99 prohibits individualized care tailored to the needs of each patient based on the exercise of professional medical judgment and informed consent, leaving no room for decision-making by a patient in consultation with their doctors and parents."

The Associated Press contributed to this report.