Families Challenge North Dakota's Ban on Gender Care for Children

Families and a pediatrician are challenging North Dakota's law criminalizing gender-care for minors, the latest lawsuit in many states with similar bans.

Gender Justice on Thursday announced the state district court lawsuit in a news conference at the state Capitol in Bismarck. The lawsuit against the state attorney general and state's attorneys of three counties seeks to immediately block the ban, which took effect in April, and to have a judge find it unconstitutional and stop the state from enforcing it.

State lawmakers “have outlawed essential health care for these kids simply and exclusively because they are transgender,” Gender Justice attorney and North Dakota state director Christina Sambor told reporters. “They have stripped parents of their right to decide for themselves what's best for their own children. They have made it a criminal offense for doctors to provide health care that can literally save children's lives.”

The bill that enacted the ban passed overwhelmingly earlier this year in North Dakota's Republican-controlled Legislature. Republican Gov. Doug Burgum, who is running for president, signed the ban into law in April. It took effect immediately.

“Going forward, thoughtful debate around these complex medical policies should demonstrate compassion and understanding for all North Dakota youth and their families,” Burgum said at the time.

Tate Dolney, a plaintiff and 12-year-old transgender boy from Fargo, said gender care helped his confidence, happiness, school work and relationships with others.

“I was finally able to just be who I truly am,” the seventh-grader told reporters. “It has hurt me all over again to know that the lawmakers who have banned the health care don't want this for me and want to take it all away from me and every other transgender and nonbinary kid who just wants to be left alone to live our lives in peace.”

Mother Devon Dolney said Tate was previously severely depressed and angry, but with the care “went from being ashamed and uncomfortable with who he is to being confident and outspoken," a “miraculous” change.

North Dakota's ban has led the family to travel farther for Tate's appointments, now in neighboring Minnesota, she said. The family has considered moving out of North Dakota, she said.