Court Refuses to Halt North Dakota’s Prohibition on Gender-Affirming Treatment for Minors

**North Dakota’s Gender-Affirming Care Ban for Minors Faces Legal Challenge**

In a significant ruling on Wednesday, a North Dakota judge decided that the state’s controversial law banning gender-affirming care for minors will remain in effect while a court challenge proceeds. However, there’s a silver lining for some families: children who began their treatments before the law’s enactment in April 2023 can continue receiving care.

Judge Jackson Lofgren’s decision comes as a blow to the families who had sought a preliminary injunction against the law, hoping to overturn it. This ruling follows a previous denial of a temporary restraining order in November, indicating a challenging road ahead for the plaintiffs.

The law, which was signed by Republican Governor Doug Burgum after receiving overwhelming support from the GOP-controlled legislature, criminalizes the provision of hormone treatments, puberty blockers, or gender-affirming surgery to transgender minors. Violations of the law could result in misdemeanor or felony charges against healthcare providers.

Critics of the law argue that it is not only vague but also poses a significant risk to the mental and physical health of transgender children in North Dakota. They contend that the ban increases the likelihood of depression, self-harm, and suicide among transgender youth. Despite these concerns, the judge ruled that the plaintiffs had not demonstrated a substantial likelihood of success on their claims that the law violates rights to parenting, personal autonomy, and self-determination.

The ruling has sparked a mixed reaction. Brittany Stewart, Senior Staff Attorney at Gender Justice, representing the challenging families and a doctor, expressed disappointment, emphasizing the law’s harmful impact on North Dakota’s children and families. On the other hand, Republican state Rep. Bill Tveit, who sponsored the bill, welcomed the decision, stating the law’s intent to protect children from irreversible procedures.

Despite the allowance for ongoing care for those who had begun treatment prior to the law, many providers have ceased offering gender-affirming services due to legal uncertainties. This has forced families to seek care outside the state, adding to their burden.

The legal battle in North Dakota is part of a broader national debate, with twenty-five states having adopted similar bans on gender-affirming care for minors in recent years. Many of these laws are currently facing legal challenges, highlighting the contentious and polarized nature of this issue across the United States.