Georgia Parents Sue To Block State Law Which Limits Access To Gender Affirming Care For Minors

Topline

A lawsuit filed Thursday in federal court by a group of parents from Georgia is seeking to block a new state law that heavily restricts access to gender-affirming for minors, a move that comes less than two days before the law is set to take effect, as legal efforts have managed to successfully halt similar laws in other states targeting medical procedures for transgender children.

Key Facts

In a lawsuit filed with the Northern District of Georgia federal court, the plaintiffs argue that the law “infringes parents’ fundamental right to make medical decisions in the best interests of their children.”

The parents allege the new law “singles out transgender minors” and denies them “essential medical care” in violation of the equal protection clause under the fourteenth amendment.

The law is set to go into effect on Saturday, and the suit argues if it is not blocked before that, the plaintiffs will face “immediate and irreparable harms” and parents will not be able to access “necessary and time-sensitive medical care” for their transgender children.

Lawyers from the Southern Poverty Law Center, the American Civil Liberties Union’s Georgia chapter, and the Human Rights Campaign, are representing the plaintiffs in the lawsuit.

Key Background

The legislation targeting gender-affirming care for minors was signed into law by Georgia Gov. Brian Kemp in March. The law, bans doctors in the state from administering hormone therapy or transition-specific surgeries on minors in the state. The legislation carves out an exception for transgender youth who began receiving hormone replacement therapy before July 1. Doctors are also allowed to prescribe and administer puberty blockers to transgender minors under this new law. After signing the bill into law, Kemp said it would “protect the health and wellbeing of Georgia’s children,” mirroring comments made by Republican leaders across the country who have pushed similar laws.

News Peg

Earlier this week, federal judges blocked similar laws targeting gender-affirming care for minors in both Tennessee and Kentucky. In the Tennessee case, federal Judge Eli Richardson suggested that the Tennessee ban infringed people’s constitutional rights and blocked the ban on administering puberty blockers and hormone therapy for minors while still allowing a ban on gender-reassignment surgeries to remain. Another federal judge issued temporary injunction against parts of a similar Kentucky law, keeping access to puberty blockers and hormone therapy for minors legal. The injunction will remain in effect until a larger lawsuit surrounding the case is settled. Judges have also either partially or fully blocked similar laws from going into effect in Arkansas, Indiana and Alabama.

Big Number

23. That is the total number of legislation targeting healthcare access for transgender people which have passed into law across the country, according to a tracker run by the ACLU. The tracker also notes that 53 other similar laws are advancing through various state legislatures.

Further Reading

Families sue Georgia challenging law banning treatment for trans minors (The Atlanta Journal-Constitution)

Judge Bars Part Of Tennessee’s Ban On Gender-Affirming Care—Here Are All The Other Transgender Health Restrictions Blocked By Courts (Forbes)

Source: https://www.forbes.com/sites/siladityaray/2023/06/30/georgia-parents-sue-to-block-state-law-which-limits-healthcare-access-for-transgender-minors/