Senate Advances Bill That Would Criminalize Gender-Affirming Care for Minors

The Montana House of Representatives will now have the chance to debate a bill that would make providing gender-affirming care to children under the age of 16 a felony for endangering the welfare of a child. The Senate passed the bill last week on a 30-20 vote.

Senate Bill 164 would classify surgical procedures, puberty blockers or hormones like testosterone and estrogen provided to children for gender-affirming treatment as criminal offenses.

Proponents of the bill said it would protect children from life-altering procedures while opponents said it would infringe on parental rights, cost the state money to enforce and potentially break up families if parents seek care for their children.

Sen. John Fuller, R-Kalispell, is carrying the bill. In 2023, the Legislature passed a similar bill from Fuller but that has been held up in the courts. Fuller said on the Senate floor that SB 164 would avoid that same fate because it amends current child abuse laws to include providing this type of care.

“We have a compelling state interest to prevent children from being mutilated physically and chemically. So that they have lifelong medical intervention problems. I urge you, please, to protect the children of Montana,” Fuller said.

Sen. Daniel Emrich, R-Great Falls, agreed. He said Montana has a child abuse crisis that SB 164 seeks to address.

Bozeman Democratic Sen. Cora Neumann opposed the bill, addressing parents directly during part of her argument.

“Parents should have the freedom to make the best choices that they can for their children. The state does not have a compelling interest in increasing suicide rates and separating families, which is what this bill would do,” Neumann said.

Fuller said the bill would not penalize mental health support for gender dysphoria, an issue he acknowledged was of increasing importance.

The bill passed with all but two Republicans voting for it and all Democrats voting against it.