North Dakota
North Dakota joins states challenging health care protections for transgender Americans
A federal rule seeks to add protections to a section of the Affordable Care Act that prevent health care providers who discriminate on the basis of gender identity or sexual orientation from receiving federal funding, including through Medicaid and the Children’s Health Insurance Program (photo illustration by Ross Williams/Georgia Recorder).
BY: ANNELISE HANSHAW
BISMARCK, N.D. (North Dakota Monitor) – North Dakota has joined a coalition of seven states challenging a rule by the Biden administration that would preempt state restrictions on gender-affirming care.
The legal challenge, which is led by Missouri Attorney General Andrew Bailey, was filed in United States District Court for the Eastern District of Missouri on Wednesday. The states are seeking to block the regulation and prevent the federal government from enforcing similar mandates.
The rule seeks to add protections to a section of the Affordable Care Act that prevent health care providers who discriminate on the basis of gender identity or sexual orientation from receiving federal funding, including through Medicaid and the Children’s Health Insurance Program.
The rule was set to go into effect July 5, with some provisions beginning later. But another coalition of attorneys general succeeded in their petition to block its implementation just two days prior. The judge in that case cited the recent U.S. Supreme Court decision to overturn “Chevron Deference,” a precedent that gave regulatory authority to federal agencies when statute is unclear.
Bailey, along with attorneys general from Utah, North Dakota, South Dakota, Iowa, Idaho and Arkansas, argues that the rule conflicts with their states’ restrictions on gender-affirming care for minors. Each has varying restrictions on payments for gender-affirming treatment, with Missouri blocking payment for all treatments for medical transition through Medicaid and CHIP.
“… states will be unable to enforce these duly enacted laws and longstanding policies without coming into conflict with the rule,” the attorneys general wrote in the lawsuit.
The American College of Pediatricians joins the attorneys general as a plaintiff. The ACPeds is a group of 400 physicians and other healthcare professionals in 47 states with a history of anti-LGBTQ advocacy.
“ACPeds members categorically do not provide medical interventions or referrals for, and do not facilitate or speak in ways that affirm the legitimacy of, the practice of ‘gender transition,’” the attorneys general wrote.
The lawsuit alleges that the organization’s pediatricians would suffer “significant financial harm to lose eligibility to participate in federal healthcare programs such as Medicare, Medicaid, and CHIP.”
One pediatrician in Utah is quoted in the lawsuit saying he would not “self-censor his opinions on transition efforts if the rule goes into effect.”
Predicting his noncompliance with the rule, the Utah pediatrician “faces the prospect of no longer caring for his patients, being fired from his employment and being unable to practice medicine in most settings,” the attorneys general wrote.
The rule violates physicians’ freedom of assembly, the lawsuit states, “by coercing them to participate in facilities, programs, groups and other healthcare-related endeavors that are contrary to their views and that express messages with which they disagree.”
The lawsuit also says it “coerces ACPeds members’ speech.”
“By forcing ACPeds members to tell patients directly, on their walls, and on their websites that they do not discriminate on the basis of gender identity, the rule forces ACPeds members to speak falsely, and it forces ACPeds members to fatally undermine their communication of their own medical ethical standards,” it says.
Beyond questions of constitutionality, the attorneys general allege that the rule goes beyond congressional authorization.
The rule interprets gender identity as protected by both including gender dysphoria as a disability and interpreting sex discrimination to include gender identity. The attorneys general disagree with this application.
Key to the case will be the judge’s interpretation of the 2020 U.S. Supreme Court Case Bostock v. Clayton County, in which a majority of justices ruled that gender identity was protected under Title VII, which is on employment discrimination.
The rule leans on some courts’ interpretation that transfers the Bostock decision to Title IX and the Affordable Care Act, according to its publication in the Federal Register. But the attorneys general cite decisions from judges in red states that do not allow Bostock to apply outside of Title VII.
The Department of Health and Human Services, which is the defendant in the litigation, did not respond to a request for comment.
Buffalo Chip revs up opening day of 85th annual Sturgis Motorcycle Rally
The Sturgis Buffalo Chip opens with big crowds and high-energy musical performances and vendors.
An agricultural tourism site has been awarded $1.5 million for a planned expansion, part of $4 million in tourism grants announced by the North Dakota Department of Commerce.
The $1.5 million is for the Black Leg Market and Eatery at Sterling, east of Bismarck, which will be part of Black Leg Ranch. The ranch raises cattle and bison and sells meat. It also has a wedding venue, lodging, hunting and a brewery.
The project involves building the Market and Eatery, adding guest cabins and developing full-service RV sites.
The money for the $4 million in the latest round of grants became available after Country Fest, a Morton County music festival, declined the grant money after it decided not to make major changes to the event.
The Department of Commerce opened a new round of Destination Development Grant applications after Country Fest declined.
Other North Dakota grant recipients include:
- Johnny’s Landing – Casselton, $870,000: To develop a lodging and wellness destination with 14 full hookup RV sites, 12 wellness-focused heritage cabins converted from granaries and grain bins, renovated farmhouse lodging, preserved barn space for agritourism and a conversion of a historic wooden water tower into a sauna.
- Great Northern Event Center – Williston, $550,000:To refurbish a historic Main Street property, turning the underground portion of the building into a lounge and other upgrades.
- The Prairie Experience at The Bins – Lakota, $500,000:For construction of the Bins Coffee and Spirits café, developing three grain bin lodging units and other amenities.
- Icelandic Rootshús – Mountain,$300,000: The Icelandic Rootshús is a permanent interpretive center, a welcoming place where this work can be experienced in person through learning, studying, and gathering.
A full list of grant recipients is available on the Department of Commerce website.
North Dakota Monitor is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
WILLISTON, N.D. (KFYR) – UPDATE (5/10/2026 at 11:45 p.m.): A fire broke out at a Williston recycling business Sunday evening, and no one was injured.
Multiple crews responded to Pallet Green Recycling just before 8:30 p.m., according to the Williston Fire Department. Crews arrived at the scene where they fought heavy smoke and flames.
Industrial storage containers were on scene, and officials say it is unclear what, if any, chemical residue was inside them. Officials believe there is no danger to the public.
Williston Fire Chief Corey Johnson said the fire was contained to the business’s exterior storage yard, and crews were not concerned about it spreading beyond the property.
“Right now, the structures are protected in the area. We’re not concerned about the fire spreading off of the lot,” Johnson said.
Multiple departments from across Williams County responded, and extra water trucks were brought in due to the fire’s remote location.
The cause remains under investigation.
This is a developing story. Your News Leader will provide updates as more information becomes available.
ORIGINAL STORY (5/10/2026 at 9:39 p.m.): Crews responded to a large fire at a storage yard in rural Williston on Sunday night.
The fire is located at Pallet Green Recycling, according to the business owner.
Sylvia Luebke captured video of the scene from a distance around 8 p.m. The fire sent a large plume of smoke over the area. Luebke said it was still burning as of around 9 p.m.
Williston Rural Fire is working to battle the fire. The department was unable to comment at this time.
The cause of the fire is unknown.
Copyright 2026 KFYR. All rights reserved.
Submitted Photo
U.S. soldiers with the Nebraska and North Dakota National Guards, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, pose for a group photo at a hotel in Alexandria, Virginia, April 28. N.D. National Guard 2nd Lt. Caleb Hill, front row, far left, served as the officer in charge of the mission when soldiers assigned to JTF-DC responded to the shooting incident at the White House Correspondents’ Association dinner April 25. About 2,500 National Guard members are supporting the DC Safe and Beautiful mission, providing critical assistance to the Metropolitan Police Department to help ensure the safety of residents, commuters and visitors throughout the District. U.S. Army National Guard photo by Staff Sgt. Thomas Norris.
WASHINGTON – U.S. soldiers with the North Dakota, Arkansas and Nebraska Army National Guard, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, responded to a shooting incident at the White House Correspondents’ Association dinner (WHCAD) at the Washington Hilton in Northwest Washington April 25.
The Guardsmen were at the WHCAD at the request of the U.S. Secret Service (USSS) as an additional patrol unit created specifically for the event, which celebrates the contribution of news organizations and independent journalists alike who provide notable coverage relating to the presidential administration.
“Our mission was to assist the U.S. Secret Service with crowd control,” said Capt. Kevin Peatrowsky, an operations officer with the Nebraska National Guard (NENG) assigned to JTF-DC.
As the Guardsmen were monitoring their area of operations, they saw USSS agents sprint toward the hotel entrance.
“They were running full speed with their weapons drawn,” said Sgt. 1st. Class Allen Haney, a team member with the Arkansas National Guard. “We immediately followed suit.”
Staff Sgt. Kirsten Confer, a NENG combat medic and battle captain, recalled her response to the incident: “We fell back on our basic training. You run toward danger and move in a way that makes sense for the situation.”
According to Confer, the Guardsmen entered the hotel and immediately began securing the scene and ensured that the guests evacuated safely. At the direction of a federal agent, Confer began a rapid trauma assessment on the suspect which resulted in finding knives and ammunition on the shooter. Simultaneously, the Arkansas soldiers moved outside to provide crowd control at a pedestrian barricade outside the hotel.
“From there, we assisted wherever we could,” said 2nd Lt. Caleb Hill, a National Guardsman from North Dakota who served as the officer in charge for the mission. “We were initially helping with crowd control. After that, we realized that the USSS had begun rerouting everyone in the hotel, so we moved to the doors. We were controlling entry into the venue, so we had moved a couple more people outside, so we had five inside, eight outside.” Both Arkansas and Nebraska worked well alongside one another and, alongside the federal agencies. Hill also noted that relying on his soldiers allowed him to move to different teams, which helped allow him to plan and coordinate with different agencies.
According to 1st Lt. Jonathan Goins, a platoon leader with the Arkansas National Guard, Arkansas soldiers also helped establish a security perimeter for the staging of the presidential motorcade. Later, the team assisted federal agencies and MPD with crowd control, which helped clear the way for the president and administration officials, he said.
“Guardsmen on this mission represent the very best of the nation,” said U.S. Army Brig. Gen. Leland Blanchard II, the interim commanding general of the District of Columbia National Guard. “The world got a brief glimpse, but I see them each day serving and doing amazing things across the District.”
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