US: Montana becomes latest state to ban gender-affirming medical care for transgender kids

Montana on Friday (April 29) has become the latest American state to ban or restrict gender-affirming medical care for transgender kids. The ban is set to take effect on October 1. According to a report by the news agency Associated Press, Montana is one of at least 15 states to ban such medical care despite protests from the families of transgender kids that the care is important.

Zooey Zephyr, a transgender lawmaker, decried the signing of the bill by saying that it was unconscionable to deprive Montanans of "the care that we need."

“I know that this is an unconstitutional bill. It is as cruel as it is unconstitutional. And it will go down in the courts,” Zephyr said. On Monday, the lawmaker stood defiantly on the House floor with her microphone raised as protesters shouted “Let her speak,” disrupting House proceedings for at least half an hour.

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She was then banned from the House and its gallery and voted on bills from a bench in the hallway outside the House on Thursday and Friday. 

House Speaker Matt Regier refused to let Zephyr speak on the House floor until she apologised and she has not, the report said. And the Montana Freedom Caucus deliberately misgendered Zephyr using male pronouns in a letter saying the lawmaker should be censured.

Lambda Legal, the American Civil Liberties Union and the ACLU of Montana, meanwhile, said they would file a court challenge against the ban. The Montana Chapter of the American Academy of Pediatrics said the bill is an "overly broad blanket ban" that takes decisions that should be made by families and physicians and put them in the hands of politicians. 

As per the new law, health professionals who provide care banned by the measure could have their medical licences suspended for at least a year. Such professionals could be sued in the 25 years following the banned procedure if the patient suffers physical, psychological, emotional or physiological harm. The law states that physicians cannot hold malpractice insurance against such lawsuits. It also prohibits public property and employees from being involved in gender-affirming treatment.

The parents of transgender children in Montana testified the bill infringed on their parental rights to seek medical care for their children.

On April 17, Montana Governor Greg Gianforte signaled his willingness to sign the bill when he offered some amendments to make it clear that public funds could not be used to pay for hormone blockers, cross-sex hormones, or surgical procedures. In a letter accompanying the amendments, Gianforte said the bill protects Montana's children from permanent, life-altering medical procedures until they are adults, mature enough to make such serious decisions. 

(With inputs from agencies)

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