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

The judge cited uncertainty around treatments to justify deference to lawmakers.

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 issued an approximately 85-page order concluding the statute does not violate the state constitution.
  • The law makes prescribing puberty blockers or hormones to minors a misdemeanor and classifies transition-related surgery for minors as a felony.
  • Lofgren affirmed the exemption allowing youth already in treatment before April 2023 to continue care, while newer patients must obtain services out of state.
  • The court dismissed claims by several families for lack of standing, leaving pediatric endocrinologist Dr. Luis Casas as the remaining plaintiff.
  • The ruling follows the U.S. Supreme Court’s June decision allowing state bans and comes as at least 27 states restrict or prohibit such care.