North Dakota Judge Denies Immediate Block on Ban on Gender-Affirming Health Care for Minors
In a setback for families seeking to overturn a new law, a North Dakota judge has ruled against immediately blocking the state’s ban on gender-affirming health care for minors. District Judge Jackson Lofgren denied a temporary restraining order requested by the plaintiffs, who are also seeking a preliminary injunction to temporarily halt the enforcement of the law during their case. A hearing for the preliminary injunction is scheduled for January.
The lead attorney for the three families and pediatrician who are suing, Brittany Stewart of Gender Justice, expressed disappointment with the ruling but remains confident that the court will ultimately find the ban unconstitutional. Stewart stated, “We’re confident that when all the evidence has been presented, the court will ultimately find that ending the health care ban permanently is the only just, equitable, and constitutional resolution.”
Judge Lofgren cited the plaintiffs’ delay in filing their complaint, which took nearly five months, and their argument relying on inclusion in a protected class not previously recognized by the North Dakota Supreme Court or a new application of state constitutional principles.
The ban makes it a felony for a healthcare provider to perform gender-affirmation surgery on minors and a misdemeanor to prescribe or provide hormone treatments or puberty blockers to children. Supporters argue that the ban protects children from irreversible effects of treatments and surgeries, while opponents assert that it will harm transgender youth, who already face a higher risk of depression, self-harm, and suicide. Additionally, providers view the grandfather clause in the law, which allows children who were receiving treatments before its enactment to continue, as vague and are unwilling to take the risk.
North Dakota is one of approximately two dozen states with Republican-led legislatures that have passed similar bans on gender-affirming care for minors in recent years, leading to multiple ongoing lawsuits. In some states, enforcement of these bans has been temporarily halted by judges, while in others, such as Florida, enforcement has been allowed but with exceptions for those challenging the ban.
The case in North Dakota highlights the ongoing legal battles over LGBTQ+ rights and the access to gender-affirming care for transgender minors.
