A federal judge has blocked a Georgia law that would have banned minors from accessing gender-affirming care or hormone therapy.
The judge, Sarah E. Geraghty, from the Northern District of Georgia, said in her ruling that the state's law was substantially likely to be in violation of the Equal Protection Clause. She noted that the plaintiffs in the case, four anonymous transgender children and their parents, showed a likelihood of succeeding on the merits at trial.
Judge Blocks Law Banning Gender-Affirming Care
The development would allow minors to receive treatment while the case is still ongoing. Geraghty wrote in her ruling that the plaintiffs were able to establish that they will suffer irreparable harm if they are not given a preliminary injunction. These risks include depression, anxiety, disordered eating, self-harm, and suicidal thoughts.
The judge added that in the absence of an injunction, the middle-school-age plaintiffs will not be able to obtain a course of treatment that their healthcare providers have recommended in light of their individual diagnoses and mental health needs, as per The Hill.
The law in question has two major provisions, which prohibit minors from receiving hormone replacement therapies and sex reassignment surgeries from licensed healthcare facilities in what is usually done to treat gender dysphoria. If the law is found to have been violated, it imposed punishments on medical providers where they will be stripped of their licenses.
However, the initial complaint was only regarding hormone therapy and did not include any provision for surgery. The lawsuit also claims that the state's new law violates parents' rights to make medical decisions for their children's health and well-being as well as stops them from obtaining appropriate medical treatment for their children who have gender dysphoria.
The state argued that any sort of preliminary injunction, if any was issued, should be scaled down to only include the children who are currently involved in the lawsuit. However, the judge in the case claims that such a decision would be unworkable because it is extremely difficult to obtain care under the law and due to the plaintiffs' anonymity potnetially being compromised.
Risks of Banning Care Access to Minors
In response to the judge's ruling, Kara Richardson, a spokeswoman for Georgia Attorney General Chris Carr, expressed their disappointment. She noted that they plan to immediately appeal the decision in order to protect the health and well-being of the children in the state, according to ABC News.
The law in question, known as Senate Bill 140, despite blocking gender-affirming care in general, would allow doctors to prescribe puberty-blocking medications and allow minors who are already in the process of receiving hormone therapy to continue.
In a statement, attorneys for the plaintiffs said that the judge's ruling was an "incredible victory for Georgia families. The groups, which include the American Civil Liberties Union of Georgia, the Southern Poverty Law Center, the Human Rights Campaign Foundation, and the law firm O'Melveny & Myers said that the law denies minors essential health care.
One mother involved in the lawsuit, identified as Emma Koe, said that she and her family even considered moving out of Georgia if their 12-year-old daughter was denied treatment. She said that she felt defeated after the law was passed, said the Nebraska Examiner.
