Van Garderen et al. v. State of Montana
What's at Stake
Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.
Summary
In a lawsuit filed by the American Civil Liberties Union, the ACLU of Montana, Lambda Legal, and Perkins Coie, three families with transgender youth and two medical providers who work with transgender youth are challenging SB 99, signed by Governor Gianforte in April 2023, which bans the only evidence-based care for gender dysphoria for transgender people under 18.
Plaintiffs include Jessica and Ewout van Garderen and their 16-year-old transgender daughter Scarlet; Molly and Paul Cross and their 15-year-old transgender son Phoebe; Jane and John Doe joining on behalf of their 15-year-old transgender daughter; Dr. Juanita Hodax of Community Medical Center, and Dr. Katy Mistretta of Bozeman Creek Family Health.
“It is mentally and physically painful to feel like you are trapped in the wrong body,” said Jessica van Garderen, mother of a transgender daughter. “Going through puberty for the wrong sex is like having your body betray you on a daily basis. The only treatment we have found to be effective and give our daughter hope again is hormone therapy. The difference we have experienced is night and day and there is no going back. Taking away this crucial medical care is inhumane and a violation of our rights. We will fight this law for our daughter and every other family whose rights are being trampled.”
“I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,” said Phoebe Cross, a 15-year-old transgender boy. “Just living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away. There were many things I hoped my elected officials would achieve, this regression in human rights is not one of those things. The blatant disrespect for my humanity and existence is deeply unsettling.”
Legal Documents
-
12/11/2024
Opinion -
04/09/2024
Amicus Briefs in Support of Plaintiffs-Appellees -
- Amicus Brief of Biomedical Ethics and Public Health Scholars in Support of Plaintiffs-Appellees
- Amicus Brief of Elliot Page et al. in Support of Plaintiffs-Appellees
- Amicus Brief of American Academy of Pediatrics et al. in Support of Plaintiffs-Appellees
- Amicus Brief of GLAD and NCLR in Support of Plaintiffs-Appellees
Van Garderen et al. v. State of MontanaLegal DocumentsAmicus Brief of Biomedical Ethics and Public Health Scholars in Support of Plaintiffs-AppelleesDate Filed: 04/09/2024
Court: Montana State Supreme Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsAmicus Brief of Elliot Page et al. in Support of Plaintiffs-AppelleesDate Filed: 04/09/2024
Court: Montana State Supreme Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsAmicus Brief of American Academy of Pediatrics et al. in Support of Plaintiffs-AppelleesDate Filed: 04/11/2024
Court: Montana State Supreme Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsAmicus Brief of GLAD and NCLR in Support of Plaintiffs-AppelleesDate Filed: 04/12/2024
Court: Montana State Supreme Court
Affiliate: Montana
-
02/09/2024
Appellants' Opening Brief
Date Filed: 12/11/2024
Court: Montana State Supreme Court
Affiliate: Montana
Date Filed: 02/09/2024
Court: Montana State Supreme Court
Affiliate: Montana
-
09/27/2023
Order Granting Plaintiffs' Motion for Preliminary Injunction -
09/15/2023
Plaintiffs' Rebuttal Declarations in Support of Motion for Preliminary Injunction -
- Rebuttal Declaration of Danielle N. Moyer PhD
- Rebuttal Expert Report of Johanna Olson-Kennedy, MD, MS
Van Garderen et al. v. State of MontanaLegal DocumentsRebuttal Declaration of Danielle N. Moyer PhDDate Filed: 09/15/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsRebuttal Expert Report of Johanna Olson-Kennedy, MD, MSDate Filed: 09/15/2023
Court: Montana State District Court
Affiliate: Montana
-
07/17/2023
First Amended Complaint -
07/17/2023
Plaintiffs' Declarations in Support of Motion for Preliminary Injunction -
- Declaration of Juanita Hodax, MD
- Declaration of Jane Doe
- Declaration of Jessica Van Garderen
- Declaration of Katherine Mistretta DNP, APRN, FNP-BC
- Declaration of Paul Cross
- Declaration of Phoebe Cross
- Declaration of Scarlet Van Garderen
- Declaration of Danielle N. Moyer PhD
- Expert Report of Johanna Olson-Kennedy, MD, MS
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Juanita Hodax, MDDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Jane DoeDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Jessica Van GarderenDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Katherine Mistretta DNP, APRN, FNP-BCDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Paul CrossDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Phoebe CrossDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Scarlet Van GarderenDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDeclaration of Danielle N. Moyer PhDDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsExpert Report of Johanna Olson-Kennedy, MD, MSDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
-
07/17/2023
Plaintiffs' Motion for Preliminary Injunction -
-
07/17/2023
Plaintiffs' Brief in Support of Motion for Preliminary Injunction -
09/01/2023
Defendants' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction -
09/15/2023
Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction
Van Garderen et al. v. State of MontanaLegal DocumentsPlaintiffs' Brief in Support of Motion for Preliminary InjunctionDate Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsDefendants' Response in Opposition to Plaintiffs' Motion for Preliminary InjunctionDate Filed: 09/01/2023
Court: Montana State District Court
Affiliate: Montana
Van Garderen et al. v. State of MontanaLegal DocumentsPlaintiffs' Reply Brief in Support of Motion for Preliminary InjunctionDate Filed: 09/15/2023
Court: Montana State District Court
Affiliate: Montana
-
07/17/2023
Date Filed: 09/27/2023
Court: Montana State District Court
Affiliate: Montana
Date Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Date Filed: 07/17/2023
Court: Montana State District Court
Affiliate: Montana
Press Releases
Montana Supreme Court Rules in Favor of Families & Doctors, Blocks Ban on Healthcare for Transgender Youth
Montana Court Blocks Enforcement of Ban on Gender-Affirming Care for Trans Youth
Families and Medical Providers Urge Montana Court to Block Ban on Gender-Affirming Care