Montana Governor Greg Gianforte signed into law Senate Bill 164, which criminalizes gender-affirming care for transgender youth under 16, making Montana the first state in the nation to do so. The bill, sponsored by Republican State Senator Greg Fuller, has sparked outrage from LGBTQ+ advocates and medical professionals.
Transgender rights activists gathered for a demonstration on the University of Montana campus on May 3, 2023, in Missoula, Montana . The demonstration came in response to the passage of Senate Bill 164 , a controversial piece of legislation that criminalizes gender-affirming care for transgender youth under the age of 16. Introduced on January 22, 2023, the bill would classify such care as child abuse under Montana law.
The bill's sponsor, Republican State Senator Greg Fuller, has a history of attempting to pass anti-trans legislation in Montana. Previous bills targeting medical practitioners providing gender-affirming care to transgender individuals failed to advance in the legislature. Fuller was also the architect of a ban on trans women in sports that was partially struck down by the Montana Supreme Court. This latest version of the youth healthcare bill passed in both the state's House and Senate. Republican Governor Greg Gianforte signed it into law. However, state courts have deemed similar policies unconstitutional in the past. This bill specifically targets treatments “altering the appearance” of a child that seek to “affirm the child’s perception of the child’s sex when the appearance or perception is inconsistent with the child’s biological sex.” It would fall under Montana child abuse statutes. If the bill becomes law, Montana would be the first state in the country to explicitly criminalize parents simply for allowing a child access to gender-affirming procedures and hormone therapy. Fuller and his allies have also targeted the judiciary branch, proposing numerous bills to limit its power and scope, including removing the court's authority to admit lawyers to the bar association. The ACLU of Montana views these efforts as a power grab by the state GOP. These efforts may be unique to Montana, but they mirror a national trend of politicians attempting to inject more politics into the judicial selection process. A review of legislation in 2023 found that there were 124 bills in 29 states aimed at undermining judicial independence
LGBTQ+ Rights Health Transgender Rights Gender-Affirming Care Montana Senate Bill 164 Greg Fuller Greg Gianforte Courts Judicial Independence Child Abuse ACLU
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