Judge upholds North Dakota's ban on gender-affirming care for minors

A North Dakota judge has upheld the state's ban on gender-affirming care for children, in a blow to families who have had to travel out of state to obtain the medical treatments they said are crucial for their kids' well-being.

BISMARCK, N.D. — A North Dakota judge has upheld the state's ban on gender-affirming care for children, in a blow to families who have had to travel out of state to obtain the medical treatments they said are crucial for their kids' well-being.

District Judge Jackson Lofgren said in his decision Wednesday that the law discriminates based on age and medical purpose, not sex, and that there's little evidence the Legislature passed the law for "an invidious discriminatory purpose." He also noted various concerns and ongoing debates over the medical treatments involved.

"The evidence establishes there is an ongoing international debate regarding the safety and effectiveness of the medical procedures prohibited by the Health Care Law. Where there is uncertainty, deference is given to the Legislature to decide where the line should be drawn," the judge wrote, adding that he doesn't believe the law violates the state constitution.

The ruling means parents who decided to seek gender-affirming medical care for their children after the state's ban took effect in April 2023 will need to do so out of state.

"This ruling is devastating for transgender youth and their families in North Dakota. The evidence in this case was overwhelming: this law inflicts real harm, strips families of their constitutional rights, and denies young people the medical care they need to thrive," Jess Braverman, the legal director for the gender equity nonprofit Gender Justice, which represented the plaintiff, said in a statement.