This story was updated at 11:24 am
Four families are now suing to prevent Georgia’s new restrictions on gender-based care for transgender children from taking effect on July 1.
Senate Bill 140 prohibits minors from undergoing hormone replacement therapy or gender-confirming surgery, with few exceptions.
The lawsuit was filed in federal court in the Northern District of Georgia about 24 hours before the law was scheduled to go into effect. A judge would have to issue an injunction to temporarily prevent the law from going into effect. Otherwise, it will become law at midnight on July 1st.
Republican lawmakers pushed through the legislation this spring in the face of protests from most Democrats and amid a wave of bills across the country that focused on transgender children.
Similar laws have been enacted by the courts in Arkansas, Alabama, Indiana and Florida. On Wednesday, federal judges in Tennessee and Kentucky blocked portions of their bans on childcare for transgender children.
Georgia law is a bit narrower than those states in that it does not prohibit puberty blockers, which interrupt puberty until a child starts hormone replacement therapy.
Families with transgender children and medical providers in Georgia have already been preparing for the law’s enactment — in some cases rushing to start hormone replacement therapy before the deadline or taking steps to leave the state. A doctor reports that a patient in Georgia was hospitalized after attempting to harm himself over fears of the new law.
Attorney General Chris Carr’s office responded to the lawsuit in a statement on Friday.
“The Attorney General will perform his duties, which include defending legislation passed by the General Assembly and signed by the Governor,” said Kara Richardson, spokeswoman for Carr.
Democratic MP Karla Drenner — the first openly LGBTQ member of the Georgia legislature — speaks out against SB 140 in the Chamber of Representatives on Thursday, March 16, 2023. (Matthew Pearson/WABE)
“These findings cannot be reconciled with the Constitution.”‘
The plaintiffs have sought a court order to protect their anonymity, citing security concerns. They are represented by the Southern Poverty Law Center, the ACLU of Georgia, the Human Rights Campaign Foundation and two major law firms.
“Our sweet, bright and creative daughter has always been a girl,” says one of the four plaintiffs, identified as Anna Zoe in a press release. “Her identity as a girl is as natural and innate as all the other traits she was born with – blue eyes, left-handedness and an infectious laugh. Having access to gender-sensitive care will allow our daughter to grow into the person she has always wanted to be and has always been.”
Republicans who supported the bill said they wanted to prevent children from receiving medical treatments they might later regret.
The American Academy of Pediatrics recommends that physicians provide children with “comprehensive gender-affirming and developmentally appropriate health care.”
Ben Bradshaw, an attorney at O’Melveny & Myers LLP representing the four families, says plaintiffs argue the law is unconstitutional.
“The health ban targets transgender minors and denies them the medical care they need,” Bradshaw said in a press release. “It violates the fundamental right of parents to make medical decisions in the best interests of their children.” These findings cannot be reconciled with the Constitution.”
Republican Gov. Brian Kemp and Attorney General Chris Carr have not yet responded to the lawsuit, but the state is expected to defend the law in court.
This is an evolving story.
