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North Dakota Judge Upholds 2023 Ban on Gender-Affirming Care for Minors

The decision cites legislative discretion given disputed evidence on treating minors.

FILE - Parents Devon and Robert Dolney, stand with their child, Tate, center, during a news conference, Sept. 14, 2023, at the state Capitol in Bismarck, N.D. (AP Photo/Jack Dura, File)
FILE - North Dakota Republican state Rep. Bill Tveit works at his desk, Jan. 22, 2025, in the House of Representatives at the state Capitol in Bismarck, N.D. (AP Photo/Jack Dura, File)
FILE - Plaintiff attorneys Jess Braverman, left, and Brittany Stewart appear in court, Jan. 27, 2025, at the Burleigh County Courthouse in Bismarck, N.D., during the trial related to the state's ban on gender-affirming medical care for kids. (AP Photo/Jack Dura, File)
North Dakota State District Judge Jackson Lofgren listens during a court hearing on March 31, 2025, at the Burleigh County Courthouse in Bismarck, N.D. (AP Photo/Jack Dura)

Overview

  • District Judge Jackson Lofgren ruled the law does not violate the state constitution, finding it classifies by age and medical purpose rather than sex and showing no invidious intent by lawmakers.
  • North Dakota’s statute, effective April 2023, makes prescribing puberty blockers or hormones to transgender minors a misdemeanor and performing related surgeries on minors a felony.
  • The ruling leaves families who sought care after the law took effect to obtain treatment out of state, while affirming narrow exemptions for youths who began care before the ban.
  • The court limited the lawsuit to pediatric endocrinologist Dr. Luis Casas after dismissing families’ claims because their children fell under the pre-ban treatment exemption.
  • Following a seven-day trial and an 85-page order, Lofgren cited ongoing debate over safety and minors’ capacity to consent, aligning with a recent U.S. Supreme Court ruling that states may ban such care for minors.