In a major victory for transgender youth and their families, attorneys who helped overturn Montana’s ban on gender-affirming medical care are now requesting the state cover more than $1.4 million in legal fees. The boon to legal advocates follows a landmark ruling by Missoula County District Court Judge Jason Marks, who struck down the 2023 law, SB 99, cordoning off puberty blockers and hormone treatment for minors.
The court found the ban unconstitutional, violating equal protection and privacy rights under the Montana Constitution. This wasn’t just a technical win; it was a life-affirming outcome for young Montanans and their loved ones, lifting the shadow of forbidden care that so often inflicts emotional strain and medical uncertainty.
Attorneys from Lambda Legal, ACLU of Montana, independent counsel, and allied groups spearheaded the effort that culminated in Judge Marks’ May 14, 2025, order permanently blocking SB 99. The legal filing outlines the substantial time, resources, and complexity invested. It presents a breakdown of tasks, including strategy, discovery, expert testimony, court appearances, and extensive briefings aimed at proving that denying care for trans youth defied both empirical medical evidence and constitutional guarantees.
Montana’s legal obligation to reimburse these fees stems from statutes allowing prevailing parties to recover costs when the government enforces an unconstitutional law. In justifying the $1.4 million request, attorneys signal that their work extended far beyond paperwork; this was a cornerstone case on par with other civil rights battles in the state.
Even though a court victory alone is meaningful, the reimbursement serves as a practical acknowledgment of the cost borne by advocates in standing up for trans youth. “Families shouldn’t have to pay an emotional price, and lawyers shouldn’t have to pay the literal price, for defending their children’s well-being,” one legal brief emphasizes.
The state’s possible response is now under scrutiny. Montana may support the reimbursement, but it’s just as likely to challenge it, framing the legal fees as an undue burden. Earlier in February, government officials disputed a much smaller $700,000 claim related to litigation over access to birth certificates, showing the state is willing to push back. If Montana contests the current claim, it could drag the matter into further hearings or appeals, prolonging uncertainty for all concerned.
Court-ordered fee awards in civil rights cases serve as crucial incentives across the country, enabling nonprofits and legal teams to pursue cases that governments might otherwise overlook, and promoting fairness in the legal system. Without them, progressive legal fights across the nation, from trans rights to voting access, would risk collapse under financial pressure.
For transgender youth in Montana, the stakes are deeply personal. The outcome means that families can seek puberty blockers and hormone therapy without fearing criminal consequences for doctors or coverage for insurance. This breakthrough echoes nationwide efforts: a growing number of states are battling back against bans, and Montana now stands alongside places like Colorado and Connecticut in affirming trans youth rights through the courts.
Even so, funding this legal milestone remains the next hurdle. A positive resolution would reaffirm that defending equal rights doesn’t come at the advocate’s expense. A protracted fight, however, could threaten the momentum of future legal challenges, not just in Montana, but across the country.
In the end, the dispute isn’t just about dollars and cents. It’s about recognizing that gender-affirming care is health care and that legal advocacy upholding this truth deserves unwavering support. For trans Montanans and beyond, it’s another reminder: when your humanity is on the line, giving up isn’t an option, and neither should suing over it.
