Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.

Becky is a student in West Virginia who is starting high school. Three years ago, as Becky was preparing to begin middle school, West Virginia passed a law categorically banning transgender girls from participating in all school sports. Becky loves being part of a team and wanted to be able to participate in cross-country and track and field with her friends. She sued, arguing that West Virginia's law violated the Constitution and Title IX as applied to her, especially because she has received medication from the onset of puberty and has never experienced any physiological changes associated with puberty for boys. As a result of an injunction issued by the lower courts, she has been able to participate in middle school cross-country and track and field for the past three years. Becky and her mother are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.

Transgender South Carolinians and their families challenged a 2024 state law banning gender-affirming medical care for transgender youth and prohibiting any state funds from supporting access to gender-affirming medical care. South Carolina’s ban led to medical providers ending treatment for transgender patients regardless of age.

Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.