BISMARCK, N.D. (AP) 鈥� A lawsuit North Dakota's medical care for minors will go to trial Monday, more than a year after families of transgender children and a doctor filed the suit that argued the law violates the state's constitution.
North Dakota is one of that have banned . Like North Dakota, many of those states have faced court challenges to the laws.
鈥淥ur 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,鈥� said lead counsel Brittany Stewart, senior staff attorney at Gender Justice, a nonprofit advocating gender equity.
Court rulings have significantly reduced the scope of the North Dakota case, filed in late 2023. Earlier this month, a state district judge dismissed from the case some of the claims as well as the children and families who were plaintiffs, leaving only a pediatric endocrinologist as a plaintiff.
The trial in Bismarck, the state capital, is expected to last eight days. It鈥檚 unclear when the judge will rule.
Then-Gov. signed the bill into in April 2023 after it overwhelmingly the Republican-led Legislature. It makes it a misdemeanor for a health care provider to prescribe or give hormone treatments or puberty blockers to a transgender child, and a felony to perform gender-affirming surgery on a minor.
Lawmakers who supported the bill that became law said it would protect children from what they said are irreversible treatments and operations.
鈥淲e 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," said Republican Rep. Bill Tveit, who introduced the bill. "Maybe it was a wrong thought at that age, and if you want to make that decision when you're of age ... that's your prerogative once you're an adult.鈥�
He said he hopes the trial's outcome affirms the law. North Dakota Attorney General Drew Wrigley declined to comment on the case.
Opponents said the legislation would have harmful effects on transgender kids, and noted that gender-affirming surgeries are not performed on minors in North Dakota.
A U.S. Centers for Disease Control and Prevention last year found that transgender and gender-questioning teens reported higher rates of bullying at school than their peers and that about 1 in 4 transgender teens said they had attempted suicide in the past year.
Stewart said, 鈥淲hen 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.鈥�
The law contains an exemption for children who were already receiving treatments before the ban鈥檚 effective date. But attorneys for the plaintiffs said due to perceived vagueness in the law. That led the families to travel and miss work and school to seek care for their kids 鈥� including an eight-hour round trip drive for one family to attend a 30-minute appointment, Stewart said.
the law does not apply to any minors who were receiving gender-affirming care before North Dakota's ban took effect, including the three plaintiff children. The judge said they 鈥渃an receive any gender-affirming care they could have received" previously. But their access remains unchanged because that ruling was not enough of a final decision to satisfy attorneys for health care organizations, Stewart said.
At least two pediatric endocrinologists in North Dakota were providing gender-affirming care before the ban, Stewart said.
鈥淎s far as the number of patients, I can't really say, but honestly whether it's a lot or a few is really irrelevant to whether this is constitutional,鈥� she said.
President Donald Trump recently signed an declaring only two sexes, male and female, are recognized by the federal government. State laws on sports participation, bathroom use, gender-affirming care and other issues are not directly affected.
Every major U.S. medical group, including the and the American Medical Association, has opposed such bans and said that gender-affirming treatments can be medically necessary and are supported by evidence. Research has further shown that transgender youths and adults can be prone to suicidal behavior when forced to live as the sex they were assigned at birth.
At least 26 states have adopted laws restricting or banning for transgender minors, and most of those states face lawsuits. Federal judges have struck down the bans and as unconstitutional, though a federal appeals the Florida ruling. A judge鈥檚 order is in place temporarily blocking enforcement of the ban
The states that have passed laws restricting or banning gender-affirming medical care for transgender minors include Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.
Jack Dura, The Associated Press
