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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.

On his first day back in office in January 2025, President Donald Trump issued an executive order that led the State Department to suspend its policy allowing transgender, intersex, and nonbinary people to update the sex designations on their passports, leading some with pending applications to have their passports withheld from them and others to receive a new passport with the wrong sex designation listed. Soon after, the ACLU sued on behalf of seven transgender and nonbinary people on the grounds the policy violates their constitutional rights and the Administrative Procedure Act.

At the core of this case is the question of whether the government can extract and test our DNA without a warrant. The ACLU’s State Supreme Court Initiative and Project on Speech, Privacy, and Technology, together with the ACLU of Michigan, filed an amicus brief arguing that, since our DNA contains vast amounts of highly sensitive information about us, DNA testing and extraction constitute a search and therefore require a warrant under both the Fourth Amendment to the U.S. Constitution and Article I, section 11 of the Michigan Constitution. If there were no warrant requirement, as the State urges, police would be able to arrest someone for one offense, even pretextually, and limitlessly test their DNA to investigate unrelated crimes. This would especially impact people from marginalized populations who are most likely to be subject to these police practices.

Alongside his parents, A.C., a boy who was barred from using the boys’ restroom with the other boys because he is transgender, has sued his Indiana school district for violating his right under federal law to attend school.