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Lawsuit Over North Dakota’s Ban on Health Care for Trans Youth Heads to Trial

Challenge to unconstitutional restrictions aims to defend the rights of transgender and nonbinary children from government intrusion

01.23.2025 — (PRESS RELEASE) On Monday, January 27, 2025, the trial in the case of T.D. v. Wrigley will begin in Burleigh County, North Dakota, marking a pivotal moment in the fight for the constitutional rights of transgender and nonbinary young people. This lawsuit challenges the state’s sweeping 2023 ban on gender-affirming care—legislation that criminalizes proven, often life-saving health care by imposing severe penalties on doctors who provide it.

“This case is about more than health care—it’s about whether North Dakotans can live free from government overreach,” said Tanya Pellegrini, Senior Counsel at the Lawyering Project. “Laws like this set a dangerous precedent, clearing the way for government interference in deeply personal decisions. Politicians should not be in the business of deciding what’s best for families.

The plaintiffs, three North Dakota families represented by Gender Justice, the Lawyering Project, and Ciresi Conlin LLP, argue that the law singles out transgender youth for unequal treatment and violates families’ ability to make private health care decisions. While hormone therapy and puberty blockers remain legal for non-transgender youth, the law criminalizes doctors who provide the same care to transgender patients—imposing penalties of up to 360 days in jail and $3,000 in fines.

“This trial is about standing up for the fundamental rights of all North Dakota youth and their families,” said Brittany Stewart, Senior Staff Attorney at Gender Justice and lead attorney for the plaintiffs. “The North Dakota Constitution protects every individual’s freedom to make private medical decisions without unnecessary government intrusion, regardless of their gender identity. We are confident that when the court hears the overwhelming evidence of harm caused by this unconstitutional law, it will act to restore those rights.”

Since the law’s passage, transgender youth and their families have experienced severe emotional, psychological, and financial harm. Some families report traveling up to seven hours round trip for routine doctor visits, while others live in constant fear of losing access to care that has been transformative for their children’s well-being.

Major medical organizations, including the American Academy of Pediatrics and the American Medical Association, support gender-affirming care as safe, effective, and often life-saving.

As the trial unfolds, the plaintiffs aim to shed light on the profound harm caused by the law while reinforcing the constitutional principles at stake.

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