Georgia’s Ban on Gender-Affirming Surgery for Youth Challenged by Parents of Trans Minors

A federal lawsuit sought to permanently block the law.

trans
Cecilie Johnsen on Unsplash

State legislation in Georgia that bans most sex reassignment procedures and hormone replacement therapy for anybody under the age of 18 has been challenged in court by the parents of four transgender youngsters.

In a report by Fox News, the Republican-controlled General Assembly enacted the measure earlier this year before Republican Governor Brian Kemp signed it into law. Georgia now joins at least 20 other states with similar limits or prohibitions. There are legal issues in most of those states as well.

Concerned that the legislation's implementation might have detrimental repercussions on trans youth, a federal lawsuit was filed Thursday night, June 29, asking a court to permanently forbid the law from taking effect. But proponents of the measure countered that it protects minors from making reckless decisions.

On Wednesday, July 5, US District Judge Sarah Geraghty will consider a request to halt the implementation of the statute until the outcome of the pending legal challenge.

Minors who are currently on hormone therapy may continue doing so, and physicians are allowed to prescribe drugs to delay puberty under the law.

Lawsuit Challenging the Restriction

In accordance with the legislation, kids who are currently taking puberty inhibitors will not be eligible for hormone treatment. The lawsuit claims that this forces the plaintiffs to choose between subjecting themselves to the risks associated with continuing to take the medication or withdrawing from it so they can go through puberty and develop characteristics consistent with their biological sex.

According to the complaint, permitting minors to take puberty blockers until they become 18 violates the acceptable standards of care, hence the legislation discourages physicians from providing them.

The complaint was brought by TransParent, a group that provides resources and advocacy for families with transgender children, and the parents of four trans children. Human Rights Campaign Foundation, the American Civil Liberties Union of Georgia, and the Southern Poverty Law Center filed the complaint on their behalf.

The lawsuit alleges that the law violates parents' rights to make medical decisions for their children and equal protection by denying transgender youth lifesaving medical care based on their sex and transgender status.

In this case, the defendants include state health authorities.

In Other Republican-Run States

Similar challenges to the limitations on sex reassignment procedures for minors in other Republican-run states have led to the current case against Georgia's statute.

The restriction in Arkansas was ruled unlawful by a federal court, and similar bans in Alabama, Indiana, Kentucky, and Tennessee have been temporarily suspended by federal judges. Oklahoma has agreed to delay enforcing its ban while its opponents seek a preliminary injunction. In Florida, three minors who filed a federal lawsuit challenging the state's prohibition are now protected from its enforcement.

States including Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Utah, South Dakota, and West Virginia have passed legislation that limits or outright bans sex reassignment treatment for children.

Tags
Georgia, Law, Legislation, Trans, Youth, Minors, Sex change, LGBT, LGBTQ
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