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New opinion: September 17

Highlight: Chapter 12.1-36.1, N.D.C.C., does not burden a minor's fundamental right because minors do not have a fundamental right to a particular course of medical treatment.

Chapter 12.1-36.1, N.D.C.C., does not classify on the basis of sex or transgender status. Instead, it regulates medical treatment provided to minors based on age and medical purpose. Neither classification triggers heightened scrutiny.

Because N.D.C.C. ch. 12.1-36.1 does not implicate a fundamental right or classify on the basis of a suspect classification, it is subject to rational basis review. The chapter bears a rational relationship to the legitimate governmental interest of protecting the health and welfare of minors.

The district court correctly concluded that the challenged provisions of N.D.C.C. ch. 12.1-36.1 are constitutional under Article I, §§ 1 and 21 of the North Dakota Constitution.

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