Families Contest North Dakota's Prohibition on Gender-Affirming Healthcare for Minors

By Lucia Paula , Parent Herald Sep 16, 12:01 am

Photo: (Photo : Caspar Camille Rubin on Unsplash)

In a significant legal development, families along with a pediatrician are challenging North Dakota's law that criminalizes gender-affirming care for minors. Gender Justice, an advocacy group, filed a state district court lawsuit against the North Dakota Attorney General and the state attorneys of three counties, calling for an immediate halt to the ban, which became law in April of this year. The lawsuit seeks to have a judge declare the ban unconstitutional and prevent its enforcement.

Stripping Parents and Doctors of Rights

Christina Sambor, a gender justice attorney and the North Dakota state director, expressed concern over the state's actions. "State lawmakers have made it illegal for these children to receive essential healthcare solely because they are transgender," said Sambor. "Parents have been deprived of the right to decide what is best for their children. It's now a criminal offense for doctors to offer healthcare that can literally save children's lives."

The bill that led to this ban enjoyed strong support in North Dakota's Republican-controlled legislature. Republican Governor Doug Burgum, who is also running for president, signed the law, which took immediate effect. While Burgum emphasized the need for a "thoughtful debate," his signing of the ban seems to have precluded that discussion.

One of the plaintiffs, 12-year-old transgender boy Tate Dolney, shared how gender-affirming care had improved his confidence, emotional well-being, and academic performance. Tate's mother, Devon Dolney, said that prior to receiving care, Tate had been severely depressed and angry. With gender-affirming treatment, he has undergone a "miraculous" change, becoming "confident and outspoken."

Due to North Dakota's ban, the Dolney family has been compelled to seek medical appointments in neighboring Minnesota and is considering moving out of North Dakota altogether. "Politicians have overstepped their boundaries, intruding on personal decisions they have no business being involved in," said Robert Dolney, Tate's father.

The Legal Nuances and Wider Implications

Although the North Dakota law makes an exemption for minors already receiving gender-affirming care, healthcare providers have been reluctant to continue treatments due to the law's ambiguity, according to Gender Justice Senior Staff Attorney Brittany Stewart. The law criminalizes sex reassignment surgeries on minors as a felony, punishable by up to 10 years' imprisonment and a $20,000 fine. Additionally, healthcare providers could face misdemeanor charges for prescribing hormone treatments or puberty blockers, punishable by nearly a year's incarceration and a $3,000 fine.

Opponents of the law point out that sex reassignment surgeries are not performed on minors in the state. They argue that the law adds another layer of hardship to transgender youth, who are already at heightened risk for depression, suicide, and self-harm.

North Dakota is one of at least 22 states that have enacted laws restricting or banning gender-affirming care for minors. Legal challenges have ensued in most of these states. Recently, federal judges struck down Arkansas' ban as unconstitutional and temporarily blocked a similar ban in Indiana.

North Dakota Attorney General Drew Wrigley and bill sponsor Republican State Rep. Bill Tveit both signaled they would evaluate the lawsuit and defend their stance, which they claim aims to protect children. Yet, for families like the Dolneys and advocates fighting for transgender rights, the law represents a significant intrusion into personal lives and a denial of essential healthcare.

As the nation grapples with this complex and emotional issue, the outcome of this lawsuit could serve as a critical precedent, potentially influencing other states' approaches to gender-affirming care for minors.