Montana Senate Bill 99

Montana Senate Bill 99
Montana Legislature
  • AN ACT PROVIDING FOR A YOUTH HEALTH PROTECTION ACT; PROHIBITING CERTAIN MEDICAL AND SURGICAL TREATMENTS TO TREAT MINORS WITH GENDER DYSPHORIA; PROHIBITING PUBLIC FUNDS, PROGRAMS, PROPERTY, AND EMPLOYEES FROM BEING USED FOR THESE TREATMENTS; PROVIDING THAT A HEALTH CARE PROFESSIONAL WHO VIOLATES THIS LAW COMMITS PROFESSIONAL MISCONDUCT; PROVIDING A PRIVATE CAUSE OF ACTION; PROHIBITING DISCHARGE OF PROFESSIONAL LIABILITY VIA INSURANCE; AND PROVIDING DEFINITIONS.
Territorial extent Montana
Enacted byMontana Senate
EnactedFebruary 8, 2023
Enacted byMontana House of Representatives
EnactedMarch 24, 2023
Signed byGreg Gianforte
SignedApril 28, 2023
EffectiveOctober 1, 2023
Legislative history
Initiating chamber: Montana Senate
Bill citation[1]
Introduced byJohn Fuller
IntroducedJanuary 3, 2023
First readingJanuary 3, 2023
Second readingFebruary 7, 2023
Voting summary
  • 28 voted for
  • 21 voted against
  • 1 absent
Third readingFebruary 8, 2023
Voting summary
  • 30 voted for
  • 20 voted against
Revising chamber: Montana House of Representatives
Received from the Montana SenateFebruary 9, 2023
First readingMarch 13, 2023
Second readingMarch 23, 2023
Voting summary
  • 65 voted for
  • 35 voted against
  • 2 absent
Third readingMarch 24, 2023
Voting summary
  • 65 voted for
  • 34 voted against
  • 1 absent
Final stages
Finally passed both chambersApril 18, 2023
Struck down by
Montana Fourth Judicial Circuit Court
Status: Blocked

Montana Senate Bill 99 (SB 99), also known as the Youth Health Protection Act, is a 2023 law in the state of Montana that restricts access to gender-affirming medical care for minors, including gender-affirming hormone therapy and puberty blockers. The bill was signed into law by Governor Greg Gianforte on April 28, 2023, and was scheduled to become law on October 1, 2023.[1]

Missoula County District Court judge Jason Marks temporarily placed an injunction on the law in September 2023, declaring in a preliminary ruling that the law likely violated the Montana Constitution.[2] Following an appeal, the Montana Supreme Court upheld the injunction in December 2024.[3][4] Following an April 2025 trial, on May 13, 2025, Judge Marks permanently blocked Senate Bill 99 from being enforced, stating that it was discriminatory and violated the right to privacy in the Montana Constitution.[5][6]

Legislative history

A bill was originally introduced in the 2021 legislative session by state senator John Fuller to prohibit gender-affirming medical care in the state, but failed.[7] Fuller reintroduced the bill in the 2023 session.[8] Senate Bill 99 passed the legislature in March 2023, but was vetoed by governor Greg Gianforte, requesting an amendment to redefine male and female in state law. The bill fully passed both chambers, including the amendment, on April 18, 2023.[9] It was signed into law by Gianforte on April 28.[9]

Zooey Zephyr controversy

During the debate of Senate Bill 99 in the Montana House of Representatives, Republicans in the House called for the censure and removal of Democratic representative Zooey Zephyr, following a statement on the House floor in which she said there would be "blood on their hands" if Senate Bill 99 was passed.[10] Zephyr was removed from the House during the proceedings, but voted on bills remotely from outside of the chamber.[1] On April 26, 2023, the Montana House of Representatives voted along party lines to punish Zephyr by banning her from entering the House floor or discussing legislation, only being allowed to vote remotely until the end of the 2023 legislative session.[11][12]

Provisions

Senate Bill 99 prohibits medical professionals from administering gender-affirming medical care, which includes gender-affirming hormone therapy and puberty blockers, to Montanans under eighteen years of age.[13] The bill also prohibited gender-affirming surgeries.[14] If it was found that a medical professional knowingly provided such care to minors, their medical licenses could be revoked.[15] A statute of limitations of 25 years was established for lawsuits involving the provision of gender-affirming care to minors.[14]

References

  1. ^ a b Beth Hanson, Amy (April 28, 2023). "After removing trans lawmaker, Montana becomes latest state to ban gender-affirming care for minors". PBS News. Associated Press. Retrieved November 23, 2025.
  2. ^ Beth Hanson, Amy (September 27, 2023). "Montana judge temporarily blocks law banning gender-affirming medical care for minors". PBS News. Associated Press. Retrieved November 23, 2025.
  3. ^ Pilkington, Ed (December 11, 2024). "Montana supreme court blocks ban on gender-affirming care for trans minors". The Guardian. Retrieved November 23, 2025.
  4. ^ Yurcaba, Jo (December 12, 2024). "Montana Supreme Court allows transgender care for minors to continue". NBC News. Retrieved November 23, 2025.
  5. ^ Szpaller, Keila (April 24, 2025). "Judge takes up gender-affirming care arguments in Missoula County District Court". Daily Montanan. Retrieved November 23, 2025.
  6. ^ Hansen, Jordan (May 14, 2025). "District Court strikes down ban on gender-affirming care for trans youth". Daily Montanan. Retrieved November 23, 2025.
  7. ^ "Montana is the latest state to ban gender-affirming care for trans minors". NPR. Associated Press. April 28, 2023. Retrieved November 23, 2025.
  8. ^ "Montana is the latest state to ban gender-affirming care for trans minors". Georgia Public Broadcasting. Associated Press. April 29, 2023. Retrieved November 23, 2025.
  9. ^ a b Pereira, Ivan (April 28, 2023). "Montana blocks gender-affirming care for trans minors". ABC News. Retrieved November 23, 2025.
  10. ^ Tumin, Remy (April 20, 2023). "Republicans Call for Censure of Transgender Lawmaker Who Condemned Care Ban". The New York Times. Retrieved November 23, 2025.
  11. ^ Ragar, Shaylee; Squires, Acacia (April 26, 2023). "Montana House votes to formally punish transgender lawmaker, Rep. Zooey Zephyr". NPR. Retrieved November 23, 2025.
  12. ^ Szpaller, Keila (April 26, 2023). "Republicans say Montana 'deserves better,' but Zephyr said 'decorum' used as 'tool of oppression'". Daily Montanan. Retrieved November 23, 2025.
  13. ^ Ehrlick, Darrell (July 18, 2023). "Doctors, families, youth seek injunction to stop Montana's law banning gender-affirming care". Daily Montanan. Retrieved November 23, 2025.
  14. ^ a b Ring, Trudy (April 28, 2023). "Montana Governor Signs Gender-Affirming Care Ban Despite Nonbinary Son's Pleas". Advocate. Retrieved November 23, 2025.
  15. ^ Szpaller, Keila (September 27, 2023). "Judge blocks bill to stop transgender youth from gender-affirming care". Daily Montanan. Retrieved November 23, 2025.
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