A North Dakotan judge dismissed a request to stop a law that prohibits sex-change surgeries and hormone therapy for minors.
Three families and a pediatrician sued the state in September, claiming the ban on child gender surgeries violated their right to make medical decisions.
“The plaintiffs argue the challenged statutes are subject to strict scrutiny,” Burleigh County Judge Jackson Lofgren wrote. “However, this heightened scrutiny hinges 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 Governor Doug Burgum (R) signed the bill into law in April, saying it was “aimed at protecting children from the life-altering ramifications of gender reassignment surgeries.”
If a state doctor violates the ban and performs sex-change surgery, they may face up to ten years in prison or be fined up to $20,000.
If the doctor prescribes puberty blockers, they may face one year in prison and a $3,000 fine.
A study from the Journal of the American Medical Association estimated that 48,019 Americans underwent transgender surgeries between 2016 and 2020.
The study found that 3,678 of those having surgery were between the ages of 12 and 18.
About 3,215 of the minors had “breast/chest surgery” and 405 minors had “genital surgery.”
Another 350 minors had “other cosmetic procedures,” according to the study.
