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Judge declines to block North Dakota's ban on transgender treatment for minors

The judge said their argument hinged "upon inclusion in a protected class not previously recognized by the North Dakota Supreme Court or a new application of state constitutional principles."

Published: November 15, 2023 1:00pm

A North Dakota judge declined to block the state's ban on transgender treatments for minors in a lawsuit brought by three families and a pediatrician.

District Judge Jackson Lofgren on Monday denied the plaintiffs' request for a temporary restraining order that would allow the children to seek transgender treatments while the lawsuit proceeds.

Lofgren cited the plaintiffs' "nearly five-month delay" from when the law passed earlier this year and when they filed their complaint as a reason for denying the order, according to The Associated Press

He also said their argument hinged "upon inclusion in a protected class not previously recognized by the North Dakota Supreme Court or a new application of state constitutional principles."

North Dakota law makes it a felony to provide transgender surgery on children and a misdemeanor to prescribe hormone treatments or puberty blockers for minors.

"We’re disappointed in this ruling, but we are confident that when all the evidence has been presented, the court will ultimately find that ending the health care ban permanently is the only just, equitable, and constitutional resolution," said Gender Justice attorney Brittany Stewart, who is representing the plaintiffs. 

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