In 2023, Gender Justice and the Lawyering Project filed a state case in North Dakota challenging the state’s ban on gender-affirming health care for minors, under multiple provisions of North Dakota’s constitution. During the pendency of the case, the U.S. Supreme Court decided United States v. Skrmetti, a federal constitutional challenge to a Tennessee law similar to the North Dakota statute. In October 2025, the trial court rejected the claims under North Dakota’s constitution by largely replicating the U.S. Supreme Court’s federal equal protection analysis in Skrmetti.
In April 2026, the Brennan Center, along with co-counsel Robins Kaplan, submitted an amicus brief at the North Dakota Supreme Court in support of the plaintiff-appellee, on behalf of ourselves and Robert F. Williams, a leading state constitutional law scholar. The brief argues that North Dakota courts should decline to presumptively align their distinct state constitutional protections with the U.S. Supreme Court’s interpretation of federal constitutional provisions. The brief also encourages the North Dakota high court to account for the unique function of state constitutions in our federalist system when interpreting and enforcing North Dakota’s constitution.
Case Documents
