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Montana judge temporarily blocks ban on transgender surgeries, medical intervention for minors
Fox News
A Montana judge granted the ACLU's request to delay the enforcement of a law that would ban transgender surgeries and other medical treatments for minors.
The ruling says the law, know as SB 99 or the "Youth Health Protection Act," likely violates Montana's Equal Protection Clause because it classifies on the basis of transgender status – making it a sex-based classification – and infringes on fundamental rights, subjecting the legislation to strict scrutiny. Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips can be sent to danielle.wallace@fox.com and on Twitter: @danimwallace.
Marks also argued the law would not survive strict scrutiny because it does not serve the "purported compelling governmental interests of protecting minor Montanans from pressure to receive harmful medical treatments" and would likely not survive any level of constitutional review. SB 99, according to the judge's ruling, also likely violates the plaintiffs' rights to privacy under the state constitution because the procedures the law seeks to ban are not "medically acknowledged" as "bona fide health risks."