BILLINGS — As the U.S. Supreme Court heard arguments Wednesday in a major case on transgender healthcare for minors, Montanans are closely watching.
Especially Montana’s only transgender lawmaker, Democratic Rep. Zooey Zephyr of Missoula, who was in Washington, D.C., for events surrounding the oral arguments.
"Trans people exist. And the attempts to erase us from public life, I think are... one, cruel, obviously. But two, deeply misguided," she told MTN News.
The U.S. Supreme Court agreed in June to hear United States v. Skrmetti, a challenge brought by the Biden administration to a Tennessee law that aims to protect children from permanent, life-altering medical and surgical treatments.
Montana has a similar law on the books.
Earlier this year, Montana’s Republican Gov. Greg Gianforte filed an amicus brief in support of the Tennessee law to ban puberty blockers and hormone treatments for children under 18.
In his brief, the governor asks the U.S. Supreme Court to uphold the Tennessee law.
Two years ago, Montana lawmakers took up the same issue with Senate Bill 99, also known as Montana’s Youth Protection Act, which would prohibit gender-affirming care for transgender youth in Montana.
The bill was signed into law by Gianforte but then was stalled after it was challenged in court.
Zephyr disagreed with the legislation then and continues to disagree now.
“Whatever decision comes from the Skrmetti case and whatever laws legislators try to pass they cannot legislate trans people out of existence,” said Zephyr.
In a release, Gianforte said, “Children who struggle with gender identity deserve love, compassion, and respect. They deserve no ridicule, animus, or seclusion. They are entitled to protection, not exploitation. While their young minds and bodies are still developing, they should not be subjected to experimental and permanent, life-altering medical and surgical procedures.”
He continued in a separate statement: "Today, the U.S. Supreme Court heard arguments about protecting minor children from permanent, life-altering medical procedures. I submitted a brief to the Court in October urging the justices to protect children. I hope the Court will do the right thing.”
Zephyr disagrees and says medical research backs up a claim that transgender youths' lives are in danger in states where gender-affirming care is banned.
“That will make it harder for trans people undoubtedly to access the care that we need, care that again, every major medical association in this country agrees is often medically necessary for trans people, saves our lives,” said Zephyr.
A Pew research study from June found that 51%, a slim majority of the country, believes changing your gender is morally wrong. But more than 60% were also opposed to putting restrictions on transgender youth.
The U.S. Supreme Court’s opinion on this issue could be narrow or it could transform gender-affirming care in every corner of the country.
Over 20 states have passed various restrictions on gender-affirming care.
The governor’s full amicus brief with the U.S. Supreme Court may be viewed here.
