In a significant legal development, families and a dedicated pediatrician have filed a lawsuit challenging North Dakota’s law criminalizing gender-affirming care for minors. This lawsuit marks the latest in a series of legal battles across several states with similar bans. Gender Justice, a prominent advocacy group, announced the lawsuit during a news conference at the state Capitol in Bismarck.
The lawsuit specifically targets the state attorney general and state’s attorneys of three counties, seeking to halt the ban that took effect in April. The plaintiffs aim to have the ban declared unconstitutional and prevent the state from enforcing it. Christina Sambor, attorney and North Dakota state director for Gender Justice, emphasized the gravity of the situation, stating, “State lawmakers have outlawed essential health care for these kids simply and exclusively because they are transgender.”
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The bill that instituted the ban passed overwhelmingly earlier this year in North Dakota’s Republican-controlled Legislature. Republican Governor Doug Burgum signed it into law, and it went into immediate effect. While signing the ban, Governor Burgum expressed a desire for “thoughtful debate” on complex medical policies, urging compassion for all North Dakota youth and their families.
One of the plaintiffs, 12-year-old transgender boy Tate Dolney, shared the positive impact of gender-affirming care on his life, citing increased confidence, happiness, and improved relationships. Tate’s mother, Devon Dolney, described the transformation as “miraculous,” highlighting how her son had overcome severe depression and anger.
The ban’s impact has forced the Dolney family to travel to neighboring Minnesota for Tate’s appointments, with relocation becoming a consideration. Tate’s father, Robert Dolney, expressed frustration at politicians intruding into their lives and making decisions they have no business being involved in.
North Dakota’s law includes a grandfather clause exempting minors already receiving gender-affirming care. However, providers remain cautious due to vague legal language. Gender Justice Senior Staff Attorney Brittany Stewart emphasized this aspect as a central point of contention in the lawsuit.
The North Dakota Attorney General, Drew Wrigley, expressed that his office would evaluate the lawsuit. Meanwhile, Bill Tveit, the bill’s sponsor and Republican state representative, defended the legislation as a means of protecting children. However, opponents argue that these restrictions on gender-affirming care could harm transgender youth, who already face increased risks of depression, suicide, and self-harm.
This lawsuit is part of a broader national conversation on transgender rights, as at least 22 states have now enacted laws restricting or banning gender-affirming medical care for transgender minors. Legal challenges in several states continue to shape the landscape of LGBTQ+ healthcare rights.
In this ongoing legal battle, North Dakota finds itself at the center of a contentious debate over the rights of transgender youth and the role of government in healthcare decisions. The outcome of this lawsuit will undoubtedly have far-reaching implications for the LGBTQ+ community and their access to essential healthcare services.
