North Dakota Supreme Court Upheld Gender-Affirming Care Ban
The state's high court ruled the law prohibiting gender-affirming care for minors does not violate constitutional rights.
Updated on Sept. 18, 2026 in Law

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The North Dakota Supreme Court issued a ruling on September 17, 2026, upholding a state law that bans gender-affirming care for minors. The court found the legislation does not violate state constitutional protections regarding equal protection or self-autonomy.
Why it matters
The ruling settles a legal challenge regarding whether minors possess a fundamental right to specific medical treatments under the state's individual liberty provisions. The court explicitly concluded that the law does not create an unlawful classification based on transgender status.
The court's decision, authored by Justice Douglas A. Bahr, determined that the state law does not violate constitutional provisions for self-autonomy or equal protection. This follows the court's finding that minors lack a fundamental right to this care.
The players
North Dakota Supreme Court
This is the highest judicial body in North Dakota that hears appeals from the state's lower district courts.
Douglas A. Bahr
He is a Justice of the North Dakota Supreme Court who authored the court's opinion on this legislation.
The details
The court evaluated whether the law, which prohibits specific medical treatments for transgender minors, infringed upon state-level constitutional guarantees. Justice Douglas A. Bahr wrote the opinion, which clarified that the law does not rely on suspect classifications regarding transgender individuals.
Timeline
September 17, 2026: The North Dakota Supreme Court issued its ruling on the law.
Political Context
The ruling centers on the application of the North Dakota individual liberty provision, which the court determined does not encompass a right to gender-affirming care for minors. Opponents of the law and advocacy groups have argued that such restrictions infringe upon personal autonomy and equal protection rights.
The court's decision confirms that the ban on gender-affirming medical treatments for minors remains in full effect throughout North Dakota. Families and medical providers must continue to adhere to the existing state-level restrictions as established by the legislation.
The takeaway
This ruling establishes a clear judicial standard for how North Dakota courts will interpret individual liberty claims in the context of minor healthcare. It marks the conclusion of the state's primary legal review process regarding the constitutionality of this specific medical prohibition.
Further reading
For more information on legal precedents and current state regulations, visit the North Dakota Law section.
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