On Monday, the Montana legislature listened to public comments regarding Senate Bill 164. If the proposed legislation is passed, it will make it illegal for people under the age of 16 to get medical treatment related to transgender issues.
“I bring to you today Senate Bill 164, an act revising the offense of endangering the welfare of children,” the bill’s sponsor Sen. John Fuller, R-Kalispell, stated the Senate Judiciary Committee on Monday.
SB 164 changes the definition of illegal child engagement to include offering surgeries and hormone treatment to minors who are under the age of 16. It is only relevant to treatments that are meant to change the way a child is seen in terms of gender from their biological sex. The proposed text of the Act might result in both parents and medical providers being found guilty of a crime.
A law in Montana would make it illegal to provide medical treatments to transgender youth.
The public provided their input on the proposed legislation by providing lengthy testimony before the Senate Judiciary Committee.
According to supporters of SB 164, the bill is necessary in order to avoid what they refer to as “irreversible changes.”
“This legislation is critical to protect Montana children from harmful and irreversible medical interventions,” Derek Oestreicher with the Montana Family Foundation stated. “This bill recognizes the need for caution in addressing the deeply complex and personal experience of gender dysphoria and it ensures that children are not subjected to experimental treatments with life-altering consequences.”
SB 164’s opponents noted that transgender youth comprise a very small percentage of the population and accused the law of discrimination.
Medical professionals who spoke expressed concern about the bill’s potential effects on healthcare providers, stating that they are not aware of any documented instances of surgical treatment being given to transgender adolescents in Montana.
“SB 164 would make the practice of patient-centered, evidence-based and high-quality medical care a crime,” testified Dr. Kathryn Brogan, Montana Psychiatric Association President. “It would make the tough decisions parents make for their children’s well-being a crime, rather than allegedly protecting children. It would endanger them, remove them from their parents and place them into a foster care system that is already overwhelmed and under-resourced in this state.”
If SB 164 is passed into law, a convicted person might be sentenced to up to five years in jail and fined $10,000.
A judge or jury could sentence the perpetrator to up to 10 years in jail and a fine of $25,000 if they find significant bodily injury.
The law has drawn criticism from Montana Representative Zooey Zephyr, a transgender woman from Missoula who warned it would compel people to leave the state for their families’ sake.
“That is what legislation like this does, it forces trans families – parents who have transgender children to decide between the home that they love and the safety of their child,” Zephyr stated. “That is devastating and we should not be passing a piece of legislation like this.”
Zephyr and other SB 164 opponents also pointed out that there was a good chance the law would be contested as illegal.
In his opening remarks, Senator Fuller discussed the possibility that SB 164 will be challenged in court.
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“This is completely and totally within the Montana Constitution’s legislative authority as outlined in Article V, Section 1,” Fuller stated.
Additionally backed by Fuller, the Montana Legislature approved a bill in 2023 that currently forbids gender-affirming procedures for children in the state, such as hormone treatments and surgery.
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That law, however, is pending the resolution of a lawsuit alleging that it violates a family’s right to privacy.
Additionally, because similar operations were still permissible for adolescents who were not transitioning, the lawsuit alleges that the 2023 rule discriminates against transgender youth.
Trial in the case is planned for this summer.
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