Senate approves governor's amendments to ban on gender-affirming care for minors

HELENA, Mont. — Hours after Gov. Greg Gianforte sent back a controversial bill with proposed changes, the Montana Senate approved the modifications.

Senate Bill 99, sponsored by State Sen. John Fuller (R-Whitefish), is known as the Youth Health Protection Act and would ban transgender minors from receiving gender-affirming care.

The governor’s amendments, which were concurred in second reading, 31-19, further clarify public funds cannot be used for these procedures and update the definitions for “male” and “female.”

Proponents say the bill is needed to protect youth from life-changing decisions with major consequences, while opponents say it is unconstitutional and discriminatory.

The amendment will head back to the House for concurrence.

In his letter accompanying the amendatory veto, Gianforte said the bill, as written, was “incomplete and can be strengthened.”

Gianforte’s letter says the bill has imprecise definitions of “male” and “female.” It also says the bill is unclear about public funding restrictions.

He suggested amendments to “ensure that the necessarily binary definitions of ‘male’ and ‘female’ encompass all members of the human race” and to “ensure that the scope of public funding restrictions matches the prohibitions on not just ‘procedures,’ but on all medical treatments identified in Senate Bill 99.”

Gianforte’s letter says “Senate Bill 99 protects Montana children from permanent, life-altering medical procedures until they are adults, mature enough to make such serious health decisions.”

Read the full letter and Gianforte’s amendments below:

In response to Gianforte's amendatory veto, the Montana Chapter of the American Academy of Pediatrics issued the following statement:

“The Montana Chapter of the American Academy of Pediatrics has consistently opposed S.B. 99, a bill that bans healthcare for gender-diverse Montanan youth. Like all our patients, transgender youth deserve access to medically-necessary, evidence-based healthcare. Just like all routine care pediatricians provide, gender-affirming care is safe, collaborative, and developmentally-appropriate. This bill is an overly broad blanket ban that takes decisions that should be made by families and physicians and puts them in the hands of politicians. The Montana medical community has been united in opposing this bill throughout the legislative process.

"The letter released by Governor Gianforte perpetuates misleading and inaccurate information about gender affirming care that runs counter to the consensus among medical and scientific professionals. His amendments to the bill introduce further problems, including inaccurate definitions of “male” and “female”.

"MTAAP has heard from many families who are worried about losing access to critical healthcare as a result of our state’s legislation of medical care. Pediatricians will continue to advocate for LGBTQ+ patients and all the patients in our care. To all transgender and gender-diverse youth in Montana: you are seen, you are loved, and you belong in Montana.”