Cross v. State
Affirmed a lower court’s preliminary injunction against Montana’s ban on gender-affirming care for minors. Applying strict scrutiny, the state high court held that the trial court did not abuse its discretion in concluding that the ban likely violates the state constitution’s express right to privacy.
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Citing the state’s health care freedom amendment, the court ruled that Ohio’s restrictions on transgender youth care violate the state constitution.
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As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.