Filed Date: Sept. 15, 2023
Closed Date: Feb. 19, 2026
Clearinghouse coding complete
This case is about a challenge to a state law banning gender-affirming care to transgender minors.
North Dakota Century Code Chapter 12.1-36.1 (the “Health Care Law”) made it a crime for healthcare professionals to provide gender-affirming care to minors. The law went into effect on April 21, 2023.
On September 15, 2023, several transgender individuals, their families, and an endocrinologist who provides gender-affirming care to transgender minors filed this lawsuit against North Dakota's Attorney General in the Burleigh County District Court in North Dakota challenging the Health Care Law, represented by Gender Justice and the Lawyering Project. Plaintiffs filed suit under the state’s constitution, alleging that the Health Care Law violates North Dakotans’ rights to equal protection, fundamental right to parent, personal autonomy, and that the law is unconstitutionally vague. Plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Jackson Lofgren.
Also on September 15, 2023, plaintiffs filed a motion for a temporary restraining order and a preliminary injunction to block the law. Judge Lofgren denied plaintiffs’ motion for a Temporary Restraining Order on November 11, 2023. On June 5, 2024, Judge Lofgren denied plaintiffs’ motion for a preliminary injunction, after finding that the State Constitution's protection of parental rights has never been interpreted to include an absolute right for a parent to obtain any desired medical treatment the parent may wish for their child, that gender affirming care is not deeply rooted in our history and traditions and thus beyond the democratic process to regulate, and that transgender individuals do not constitute a protected class under North Dakota's equal protection laws.
On January 14, 2025, Judge Lofgren granted the defendant’s motion to dismiss in part, finding that the transgender individuals and their families lack standing for the suit given that they fall within the law’s exception for individuals already receiving gender-affirming care. Judge Lofgren also dismissed plaintiff’s constitutional arguments for vagueness. The case was permitted to proceed to trial with the endocrinologist as the sole plaintiff regarding whether the law violated North Dakotans' equal protection, personal autonomy and self-determination rights.
After a bench trial, on October 8, 2025, Judge Lofgren found that the Health Care Law did not violate the North Dakota constitution and denied plaintiff’s request to permanently enjoin the enforcement of the law. However, while upholding the Health Care Law, Judge Lofgren granted plaintiff's request for declaratory judgment that the law does not apply to gender-affirming medical treatment of minors who were receiving that care prior to April 21, 2023. This case is closed.
Summary Authors
Daria Wick (2/16/2025)
Madison Krumins (2/17/2026)
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Special Collection(s):
Transgender Healthcare Access Cases
Key Dates
Filing Date: Sept. 15, 2023
Closing Date: Feb. 19, 2026
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is a pediatric endocrinologist who treats transgender minors.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
North Dakota
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
North Dakota state trial court 08-2023-CV-02189
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Source of Relief:
Issues
LGBTQ+:
Medical/Mental Health Care:
Case Summary of T.D. v. Wrigley, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46059/ (last updated 2/17/2026).