Skip to Main Content

Need help understanding your rights as an LGBTQ+ person or someone living with HIV? Visit our virtual Help Desk.

van Garderen v. State of Montana

van Garderen v. State of Montana

Status:

Open

Court:

Fourth Judicial District Court Missoula County

Issues:

Transgender and Nonbinary Rights, Health Care Fairness, Students' Rights

Clients:
  • Jessica and Ewout van Garderen and their 16-year-old transgender daughter Scarlet
  • Molly and Paul Cross and their 15-year-old transgender son Phoebe
  • Dr. Juanita Hodax of Community Medical Center
  • Dr. Katy Mistretta of Bozeman Creek Family Health
Attorneys:
  • Peter Renn
  • Kell Olson
  • Nora Huppert
  • Christina Paek

In a lawsuit filed by Lambda Legal, the American Civil Liberties Union, the ACLU of Montana, and Perkins Coie, two families with transgender youth and two medical providers who work with transgender youth are challenging SB 99, signed by Governor Gianforte in April 2023, which bans the only evidence-based care for gender dysphoria for transgender people under 18. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection and the right of parents to direct the upbringing of their children.