HELENA — Montana lawmakers heard public comment Monday on Senate Bill 164 which would criminalize transgender medical treatment for individuals under the age of 16.
“I bring to you today Senate Bill 164, an act revising the offense of endangering the welfare of children,” the bill’s sponsor Sen. John Fuller, R-Kalispell, told the Senate Judiciary Committee on Monday.
SB 164 amends the definition of criminal child engagement to include providing surgeries and hormone treatment for children under the age of 16. It only applies to treatments intended to alter the perceived gender of the child from that of their biological sex.
Both parents and medical providers could potentially be convicted under the proposed language of the legislation.
(Watch to see public input on Senate Bill 164)
The public weighed in on the proposed legislation giving lengthy testimony before the Senate Judiciary Committee
Supporters of SB 164 said it was needed to prevent what they call “irreversible changes.’
“This legislation is critical to protect Montana children from harmful and irreversible medical interventions,” said Derek Oestreicher with the Montana Family Foundation. “This bill recognizes the need for caution in addressing the deeply complex and personal experience of gender dysphoria and it ensures that children are not subjected to experimental treatments with life-altering consequences.”
Opponents of SB 164 said the bill was discriminatory, noting transgender youth make up a very small portion of the population.
Medical doctors who testified said there are no documented cases of surgical treatment being administered to transgender youth in Montana they are aware of and worry about how the bill would impact medical providers.
“SB 164 would make the practice of patient-centered, evidence-based and high-quality medical care a crime,” testified Dr. Kathryn Brogan, Montana Psychiatric Association President. “It would make the tough decisions parents make for their children's well-being a crime, rather than allegedly protecting children. It would endanger them, remove them from their parents and place them into a foster care system that is already overwhelmed and under-resourced in this state.”
Should SB 164 become law, a convicted individual would face up to five years in prison and a $10,000 fine. If a judge or jury were to determine serious bodily injury, the offender could face up to 10 years in prison and a $25,000 fine.
Montana Rep. Zooey Zephyr, D-Missoula, a transgender woman, criticized the legislation and said it may force people to leave the state for the sake of their families.
“That is what legislation like this does, it forces trans families – parents who have transgender children to decide between the home that they love and the safety of their child,” said Zephyr. “That is devastating and we should not be passing a piece of legislation like this.”
Zephyr and other opponents of SB 164 also noted the high likelihood of its being challenged in the courts as unconstitutional.
Sen. Fuller addressed the potential of SB 164 being challenged in court in his opening statement.
“This is completely and totally within the Montana Constitution’s legislative authority as outlined in Article V, Section 1,” said Fuller.
A 2023 law passed by the Montana Legislature, also sponsored by Fuller, already prohibits gender-affirming procedures in the state for minors, including hormone treatments and surgeries.
However, that law is on hold pending the outcome of a lawsuit claiming the legislation infringes on a family's right to privacy. The lawsuit also claims the 2023 law discriminates against transgender youth because similar procedures remained legal for youth not transitioning.
The case is scheduled to go to trial this summer.
