Human Rights Campaign Condemns Montana Senate Passage of Dangerous and Discriminatory Health Care Bill, Calls on Governor Gianforte to Veto

by HRC Staff

Helena, Montana – The Human Rights Campaign (HRC) - the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization - condemned the Montana Senate for passing HB 303, legislation that allows medical practitioners, healthcare institutions, and health care payers – including doctors, nurses, counselors, pharmacists, and insurance companies – to deny any medical services based on personal belief rather than patient need.

HB 303 allows health care providers and institutions to refuse to provide care, even when it is medically necessary and in the best interest of the patient. If passed, Montanans could have restricted access to mental health services, fertility care, gender affirming care, HIV medications, and any other care that is deemed to be against their provider’s personal beliefs. Medical institutions could refuse to publish research, employers could refuse to reimburse medically necessary services, healthcare providers could override patients’ end of life decisions, and pharmacies could refuse to fill contraception prescriptions.

Religious freedom is a fundamental principle that plays a pivotal role in making our country a freer place for all. But religion and personal beliefs should not be used as a means to discriminate or deny services to others. Everyone deserves the same access to medically necessary care, and healthcare providers have an ethical obligation to provide it. This legislation undermines that obligation and puts lives at risk. We urge the Governor to veto this bill.”

Sarah Warbelow, HRC Legal Director

Religious Refusals

Religious exemptions bills would allow medical practitioners, healthcare institutions, and health care payers – including doctors, nurses, counselors, pharmacists, and insurance companies – to deny any medical services based on personal belief rather than patient need, even when it is medically necessary and in the best interest of the patient.

If passed, people from Montana could have restricted access to mental health services, fertility care, gender affirming care, HIV medications, and any other care that is deemed to be against their provider’s personal beliefs. Medical institutions could refuse to publish research, employers could refuse to reimburse medically necessary services, healthcare providers could override patients’ end of life decisions, and pharmacies could refuse to fill contraception prescriptions.

State Leg Snapshot

So far in 2023, HRC is opposing more than 500 anti-LGBTQ+ bills that have been introduced in statehouses across the country. More than 210 of those bills would specifically restrict the rights of transgender people, the highest number of bills targeting transgender people in a single year to date.

This year, HRC is tracking:

  • More than 120 bills that would prevent transgender youth from being able to access age-appropriate, medically-necessary, best-practice health care; this year, eleven have already become law in Arkansas, Tennessee, Mississippi, South Dakota, Utah, Iowa, Idaho, Indiana, Georgia, Kentucky, and West Virginia.

  • More than 30 bathroom ban bills filed,

  • More than 100 curriculum censorship bills and 40 anti-drag performance bills.

In a coordinated push led by national anti-LGBTQ+ groups, which deployed vintage discriminatory tropes, politicians in statehouses across the country introduced 315 discriminatory anti-LGBTQ+ bills in 2022 and 29 passed into law. Despite this, fewer than 10% of these efforts succeeded. The majority of the discriminatory bills – 149 bills – targeted the transgender and non-binary community, with the majority targeting children receiving the brunt of discriminatory legislation. By the end of the 2022 legislative session, a record 17 bills attacking transgender and non-binary children passed into law.

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