Remedies for Harm in Montana
The legislation that trans activists aren't talking about
On May 13, 2025, a Montana district court struck down Senate Bill 99 (SB99), a 2023 law prohibiting “gender-affirming care” for transgender youth under 18. Trans activists like Erin Reed framed the decision as a victory as it restored access to treatments like puberty blockers and hormones for minors. The court ruled SB99 unconstitutional, after cursorily rejecting the state’s evidence that there is no consensus of support for these procedures in the medical community. .
The LGB Courage Coalition, dedicated to safeguarding children from potentially irreversible medical interventions are disappointed by the ruling, which overlooks serious concerns about the long-term effects of these treatments on young people. Whistleblower, Jamie Reed, was part of the legal team to defend it in court and filed an expert witness report.
However, another bill, House Bill 682 (HB682), introduces measures that could reshape this landscape. Trans activist coverage presents an incomplete picture of Montana’s complex trans healthcare debate.
The SB99 ruling, which invalidated a 2023 law banning these procedures for minors, has been widely covered. Signed by Governor Greg Gianforte, SB99 prohibited treatments like puberty blockers, hormones, and surgeries, restricted state funding, and allowed parental lawsuits. In Cross v. Montana, plaintiffs, including a 17-year-old trans-identifying male calling himself Phoebe Cross, argued the law violated Montana’s constitutional rights to privacy, equal protection, and free speech. Judge Jason Marks struck it down, citing the 1999 Armstrong v. State decision and endorsements from the World Professional Association for Transgender Health (WPATH) and the American Psychiatric Association (APA). The Courage Coalition views this ruling with concern, as it dismisses evidence of advocacy biases in WPATH’s guidelines and the serious health risks associated with gender procedures for minors.
While trans activists frame the SB99 ruling as a triumph, their narrative omits HB682’s significant provisions. Signed into law on May 9, 2025, after House amendments, HB682 prioritizes remedies for those harmed by childhood “gender-affirming care.” It allows individuals to sue healthcare providers until age 25, or age 30 if harm is discovered later, a provision adjusted from an initial 25-year statute of limitations. Additionally, it mandates that private insurance, state employee benefits, Medicaid, and Healthy Montana Kids cover treatments for complications from prior “gender-affirming care,” ensuring equitable access to corrective medical support. These measures provide a lifeline for detransitioners and others facing long-term health challenges, addressing the real consequences of treatments that children are too young to consent to.
The need for such remedies is underscored by mounting evidence. The Cass Review found “remarkably weak” evidence for puberty blockers and hormones, noting risks to bone health, fertility, and cognitive development. The U.S. Department of Health and Human Services’ April 2025 review highlighted insufficient data on long-term outcomes. Whistleblower Jamie Reed’s testimony in Cross v. Montana further revealed systemic issues, including inadequate mental health assessments in pediatric gender clinics, which can lead to irreversible decisions without proper exploration of underlying issues.
Elle Palmer, a 25-year-old Montanan, exemplifies this need. At 15, she identified as a transgender boy and was prescribed testosterone at 16 by Planned Parenthood, despite sharing her history of traumatic puberty, suicidal thoughts, self-harm, anxiety, and hospitalizations. Uninformed of risks like pre-diabetes or sterility, she believed transition was her only option. At 19, seeking to detransition, she found no support from Planned Parenthood. She supports HB682 to ensure legal remedies for detransitioners like herself.
The LGB Courage Coalition rejects the notion that the SB99 ruling defines Montana’s path forward. Trans activists’ celebration of the decision overlooks HB682’s role in addressing harm, presenting a partial view of the state’s commitment to its youth. Should an SB99 appeal arise, the Coalition will advocate for protections that complement these remedies. Montana’s children deserve policies rooted in evidence and compassion, and we call on all who value their future to support this mission.
Clear grounds for appeal if the judge relied on WPATH.
“The LGB Courage Coalition rejects the notion that the SB99 ruling defines Montana’s path forward.”
If only a single judge struck down SB99, then I’d probably agree with you. But the fact that it was struck down by judges AND the Montana Supreme Court (which doesn’t even have a Democrat majority) makes it hard to think they wouldn’t rule a similar way on other transgender related bills. I mean, if they don’t think kids should be protected from gender medicine, why would they want to protect those harmed by it?