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T.D. v. Wrigley (North Dakota)

This case, filed in state court, challenges North Dakota’s criminalization of essential health care for transgender and nonbinary young people.   

North Dakota currently makes it a misdemeanor — with a sentence of up to 360 days in jail and $3,000 in fines — for doctors to prescribe medications such as hormone therapy and puberty blockers to transgender or nonbinary children. It remains legal for doctors to prescribe these medications to children who are not transgender. 

Plaintiffs in the case include three North Dakota families and a physician. The families, two of whom wish to remain anonymous due to privacy and safety concerns, have children who were already undergoing medical treatment for gender dysphoria when the health care ban took effect. Now, all of the families are forced to travel out of state to continue receiving care, with some having to make a seven-hour roundtrip. 

The health care ban violates the North Dakota Constitution by singling out transgender children for unequal treatment under the law and represents an unacceptable governmental intrusion into families’ private lives and personal decisions.

Plaintiffs:

T.D. and his parents Devon Dolney and Robert Dolney; Pamela Roe and her parents Peter Roe and Paula Roe; James Doe and his parents John Doe and Jane Doe; Dr. Luis Casas

Defendants:

North Dakota Attorney General Drew H. Wrigley; State’s Attorney for Cass County Kimberlee Jo Hegvik; State’s Attorney for Burleigh County Julie Lawyer; State’s Attorney for Stark County Amanda Engelstad

Timeline and Key Documents:

January 19, 2024

State District Court Hears Oral Argument on Plaintiff’s Motion for a Preliminary Injunction

November 7, 2023

State District Court Hears Oral Argument on Plaintiffs’ Motion for a Temporary Restraining Order

September 14, 2023

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