Federal Judge Issues Injunction that Restores Health Care for Georgia Transgender Children
Georgia SB 140, which blocks access to hormone therapy for transgender youth, was granted a temporary injunction while the case proceeds.
ATLANTA 鈥擜 federal judge issued a preliminary injunction late Sunday halting a provision in (鈥淪B 140,鈥� the 鈥淗ealth Care Ban,鈥� or the 鈥淏an鈥�) from taking effect while a lawsuit filed by four Georgia families and an organization proceeds.
Judge Sarah E. Geraghty鈥檚 order found that it is 鈥渟ubstantially likely鈥� that the plaintiffs will be successful in permanently striking down the law as unconstitutional and prohibits the state from enforcing the ban on hormone therapy for the treatment of gender dysphoria in adolescents pending a decision on the merits in the case.
Four Georgia families along with TransParent, a national organization of parents with transgender children, are represented by the Southern Poverty Law Center (人兽性交), the ACLU of Georgia (ACLU-GA), the Human Rights Campaign Foundation (HRC), and the law firm O鈥橫elveny & Myers LLP in the lawsuit Emma Koe, et al. v. Caylee Noggle, et al., filed on June 30, 2023.
Counsel for the plaintiffs released the following statement on the ruling:
鈥淭his decision is an incredible victory for Georgia families. We are gratified that the Court carefully considered the evidence and appropriately applied the law in halting SB 140. This law unapologetically targets transgender minors and denies them essential health care. The ruling restores parents鈥� rights to make medical decisions that are in their child鈥檚 best interest, including hormone therapy for their transgender children when needed for them to thrive and be healthy.
鈥淯sing hormone therapy to treat transgender youth when it is medically necessary is supported by every major medical organization in the country. Indeed, the Court found that the ban would 鈥榖e likely to put some individuals at risk of the serious harms associated with gender dysphoria that gender-affirming care seeks to prevent.鈥�
鈥淲e remain tireless in working for parents to be able to make critical decisions for their children, and for transgender individuals to continue having access to the health care they deserve. We are hopeful that the strong rejection of this harmful, prejudicial law will stop the relentless attacks on the rights of transgender youth and their families.鈥�
This is the seventh federal court to block a ban on gender-affirming care for transgender youth, joining courts in Alabama, Arkansas, Indiana, Tennessee, Kentucky, and Florida. In June 2023, a federal court struck down Arkansas鈥� ban on the grounds it violated the Equal Protection clause, Due Process clauses, and the First Amendment of the United States Constitution.
You can read the order here.
