ATLANTA – Today, four Georgia families filed a lawsuit in federal court to prevent the July 1 enactment of Georgia Senate Bill 140 (“SB 140”, the “Health Care Ban” or “Ban”). The plaintiffs say the law is being overruled, they are lecturing them about their right to make critical decisions about their children’s health care, including seeking and receiving appropriate medical treatment, and are causing undue harm to one of the state’s most vulnerable groups.
In their complaint and their motion to prevent the law from going into effect, the plaintiffs are asking that the government not interfere in personal health decisions that should be made by parents, children and their doctors.
Several states, including Arkansas, Alabama, Indiana, Kentucky, Tennessee and Florida, have enacted similar health bans on transgender youth, all ordered by federal courts in those states. Georgia law is unique in that it prohibits one aspect of drug treatment for gender dysphoria—hormone therapy—while allowing the provision of puberty blockers—although they go hand-in-hand as part of overall appropriate medical care.
Parent plaintiffs, who have sought a court order allowing them to proceed anonymously because they fear for their safety due to the hostility laws like SB 140 inspire, emphasize the importance of finding and providing the best medical care To support them to ensure the well-being of children and to ensure that their children continue to thrive and have access to appropriate medical care that meets recognized standards of care and is appropriate to each child’s individual circumstances and needs:
“It is critical that as a family we have agency in making our own medical decisions that are in the best interests of our child, including gender-sensitive care.” said Anna Zoe. “Our sweet, bright and creative daughter has always been a girl. Her identity as a girl is as natural and innate as all the other traits she was born with – blue eyes, left-handed, and an infectious laugh. Access to gender-sensitive care will allow our daughter to grow into who she has always wanted to be and who she has always been.” “I am committed to defending my daughter’s right to access life-saving care to fight for best practice gender-sensitive care.” said Emma Koe. “This law is aimed at transgender youth, their families and the providers who uphold the standards of care. It deprives me as a parent of the right to decide what medical care is best for my daughter. Access to gender-responsive care means my daughter can be the girl she always knew she was. She can grow, develop and live a happy, authentic life like any other child in Georgia.” “My child may not legally have a voice to be heard, but I do and I will not remain silent – I will fight for it that my child has the freedom to be exactly what they say they are.” said Hailey Moe. “Access to gender-sensitive care is vital – it means my daughter has a greater chance of living a happy, successful and fulfilling life.” “It is outrageous that Georgia passed a law that goes against one of our am most vulnerable population groups. “This is a direct attack on children who are just trying to be themselves and are now being harmed by the same government that was supposed to be protecting them.” said Paul Voe. “I cannot watch this law negatively impact the mental and physical health of my child and many others across Georgia. I must stand up for what is right for my child and for every child like them.” “SB 140 deprives families of the right to make their own medical decisions by prohibiting safe and effective medical care to treat gender dysphoria. In doing so, the state has banned vital care, which is often life-saving for transgender youth.” said Cynthia Cheng-Wun Weaver, senior director of litigation at the Human Rights Campaign Foundation. “Our healthcare providers and families care about nothing other than doing what is best for their patients and children. With our lawsuit, we oppose the unconstitutional attacks on transgender youth and their families. The Human Rights Campaign is committed to continuing our work to create a safe, open and welcoming Georgia where everyone can live, work and raise a family.” “To deny access to essential medical care is just cruel” , he said Beth Littrell, Senior Supervising Attorney for SPLC’s LGBTQ Rights and Special Litigation at Southern Poverty Law Center. “The health ban impairs parents’ ability to make decisions in their children’s best interests, disregards the collective knowledge of the medical community, and condemns children to years of suffering.” Laws like this are based on prejudice, misinformation and artificial fear and are as untenable as they are unconstitutional .” “Parents of transgender youth in Georgia want what every parent in Georgia wants—to be able to support and protect their children and provide them with the care they need to be healthy and thrive. Gender-responsive healthcare is a proven, evidence-based medical treatment necessary for the health and happiness of many transgender youth. SB 140 prohibits Georgia parents from providing their children with necessary health care, replacing parental decision-making and the professional judgment of medical providers with the will of state politicians. This lawsuit seeks to secure the right of Georgia parents to care for their children and the right of transgender youth to access the medical treatment they need.” said Cory Isaacson, Legal Director, ACLU of Georgia. “SB 140 not only threatens the health and well-being of transgender youth in Georgia, it is unconstitutional. The health ban particularly marginalizes transgender minors and denies them the necessary medical care. It also 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.” said Ben Bradshaw of O’Melveny & Myers LLP.
Plaintiffs in the Emma Koe et al. against Caylee Noggle et al. are represented by the following civil rights organizations: the Southern Poverty Law Center (SPLC), the ACLU of Georgia (ACLU-GA), And the Human Rights Campaign Foundation (HRC)and the law firm O’Melveny & Myers LLP.
You can find the complaint and the application HERE.
The Human Rights Campaign (HRC) is America’s largest civil rights organization dedicated to promoting lesbian, gay, bisexual, and transgender equality. HRC envisions a world where LGBTQ+ people are recognized as full members of society at home, in the workplace and in every community. www.hrc.org
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to reduce white supremacy, strengthen intersectional movements, and advance human rights for all. Visit www.splcenter.org for more information.
The ACLU of Georgia (ACLU-GA) strengthens and defends the civil liberties and rights of all Georgians through legal action, legislative and community advocacy, and civic education and engagement. ACLU-GA is an inclusive, non-partisan, nationwide organization sustained by our members, donors and active volunteers. www.acluga.org
The O’MelvensThe award-winning pro bono program regularly addresses pressing issues including LGBTQ+ rights, immigration, housing, women’s rights, education, veterans’ affairs, racial justice, criminal justice reform and voting rights. Visit www.omm.com/pro-bono for more information.
