- A North Dakota judge upheld the state’s law protecting minors from hormone therapy and puberty blockers in cases where the intent is to “change” their gender, saying the law doesn’t violate the constitution.
- Pediatric endocrinologist Luis Casas and three families with children seeking the “transgender treatment” had sued, claiming the law infringed on personal rights.
- In its ruling, the court cited ongoing debate over the safety of puberty blockers and minors’ ability to understand long-term effects.
A North Dakota district court judge ruled Oct. 8 that a state law protecting minors from “transgender” procedures like puberty blockers and hormone therapy can stand.
The North Dakota Monitor reported that Luis Casas, a pediatric endocrinologist, had challenged the law by claiming that it violated the state constitution. He argued that it violated personal autonomy and equal protection rights. Along with their parents, several minor plaintiffs seeking “gender-affirming” procedures joined in the lawsuit.
However, South Central District Court Judge Jackson Lofgren ruled that the law does not violate the constitution. He wrote in his decision that there is “legitimate ongoing debate regarding the safety and effectiveness” of hormone therapy or puberty blockers for minors.
According to MPR News, Lofgren added, “The evidence presented at trial establishes there is a legitimate concern regarding the capacity of minors to understand and appreciate the long-term consequences of the practices prohibited by the Health Care Law.”
The North Dakota Monitor reported that the law categorizes providing puberty blockers or hormone therapy to children in order to “change” their gender as a class A misdemeanor. Penalties include up to 360 days in jail, fines of up to $3,000, or both. Performing “gender transition” surgery on a minor is a class B felony, carrying penalties of up to 10 years of prison and a fine of up to $20,000
The outlet added that Lofgren said that the state legislature should establish guidelines “where there is uncertainty.” North Dakota Attorney General Drew Wrigley emphasized that the state legislature has already given thorough consideration to the issue of “gender-affirming care” and said that the lawmakers reached an appropriate decision.
“The district court’s thorough and thoughtful decision makes it clear that our elected legislative body appropriately reached this medical health determination and passed legislation that is constitutionally sound,” Wrigley added, according to the North Dakota Monitor.
The outlet reported that in his ruling, Lofgren threw out an argument based on the fact that some medical associations consider hormone therapy a safe and effective treatment for gender dysphoria, saying that not all physicians share the associations’ beliefs. He also dismissed a claim that some lawmakers who approved the law had biases against the LGBT agenda, pointing out that whether or not they were biased, the law was still able to gain a majority vote to pass the legislature.
The ruling includes an exemption for minors who began hormone therapy or puberty blockers before the law was signed in April 2023.
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