Trial to Challenge North Dakota's Gender-Affirming Care Ban Begins

Plaintiffs argue the ban violates state constitutional rights
By Newser.AI Read our AI policy
Posted Jan 27, 2025 2:00 AM CST
Trial to Challenge North Dakota's Gender-Affirming Care Ban Begins
North Dakota Republican Attorney General Drew Wrigley looks over papers in his office on Monday, Jan. 6, 2025, at the state Capitol in Bismarck, N.D.   (AP Photo/Jack Dura)

A trial challenging North Dakota's ban on gender-affirming medical care for minors is set to begin, over a year after the lawsuit's initial filing. The suit, led by families of transgender children and a doctor, claims the law violates the state's constitution. North Dakota is one of at least 26 US states that have enacted similar legislation, many of which are being contested in court.

Brittany Stewart, lead counsel from Gender Justice, stated, "Our argument is that all North Dakotans have a right to access health care that helps improve their lives and well-being, and our clients are no different." The trial is scheduled to last eight days in Bismarck, the state capital. Recent judicial actions reduced the lawsuit's scope, now involving only a pediatric endocrinologist as the plaintiff.

Implemented in April 2023 by then-Governor Doug Burgum, the law prohibits prescribing hormone treatments or puberty blockers to transgender minors, classifying such actions as misdemeanors and gender-affirming surgeries as felonies. Bill Tveit, the law's sponsor, emphasized its protective intent, stating, "We were creating an atmosphere where if you felt you had that situation, that you were of that mentality, that we would go ahead and cut off body parts and affirm where you're at without trying to guide you through it."

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Critics argue the law endangers transgender youth, an assertion supported by Stewart, who said, "When you ban the only medically supported care for a specific condition and only for young people who are under 18, you're not protecting those kids. You're actively harming those children." The law exempts minors already receiving care before its enactment, though its perceived ambiguities have led affected families to travel long distances for treatment. (This story was generated by Newser's AI chatbot. Source: the AP)

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