In an end to a drawn-out legal battle, a South Central District Court judge has upheld North Dakota’s law banning gender-affirming care for minors, ruling it does not violate the state constitution, according to Amy Dalrymple from the North Dakota Monitor. Pediatric endocrinologist Dr. Luis Casas brought a lawsuit against a 2023 law that made prescribing such treatments a misdemeanor; he alleged that the ban is an unconstitutional infringement of personal autonomy and equal protection rights.
In response to this, Judge Jackson Lofgren wrote an 85-page order, saying that there’s “legitimate ongoing debate” about the safety and effectiveness of puberty blockers and hormone therapy for adolescents, saying “where there is uncertainty, deference is given to the Legislature.” This contradicts with what witnesses for the plaintiffs said in testimony: there is consensus among leading medical organizations, such as the American Academy of Pediatrics and the American Medical Association, that these treatments are safe and effective to treat gender dysphoria.
Attorney General Wrigley spoke in support of the ruling, saying it recognized the state’s interest in protecting minors, and that it is constitutionally sound. However, Gender Justice attorney Jess Braverman called it “really disheartening,” saying families testified about adolescents experiencing hopelessness and suicidality upon learning that treatment would be unavailable in the state.
Braverman said it was too soon to say whether they would appeal to the North Dakota Supreme Court. In June, the U.S. Supreme Court upheld Tennessee’s law prohibiting gender-affirming care for minors.
KSJB’s prior reporting:
Judge Rules North Dakota Families Can’t Challenge Law Against Gender-Affirming Care
Toronto psychologist gives testimony supporting North Dakota gender affirming care ban
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