A federal judge Thursday suspended parts of a new Georgia law banning gender-affirming medical care for transgender inmates in Georgia prisons.
U.S. District Judge Victoria Marie Calvert ruled the state must stop tapering hormone replacement therapy for inmates who were already receiving it and resume treatment. She also required that inmates who identify as transgender and request treatment be evaluated for hormone therapy.
She said withholding treatment for transgender inmates puts them at risk of serious harm.
“From the very beginning, I said this bill was political theater and now a judge has issued a ruling backing up our position,” said state House Democratic Leader Carolyn Hugley. “We have real problems in this state that our governments should be focused on solving.”
Hugley led House Democrats in a walkout in April over Senate Bill 185, a move that underscored Democrats’ distress over the Republican majority’s package of bills targeting transgender Georgians. Another bill signed into law this year bans transgender girls from playing on school sports teams.
State Sen. Randy Robertson, who sponsored the bill, said he is not worried about the injunction.
“I’m fully confident it will move forward,” said Robertson, a Republican from Cataula. “This is such a common-sense and constitutionally solid piece of legislation that I’m really comfortable that once the eyes of those in the legal system look at, they’ll be very comfortable too.”
Robertson said that if the legislation was thrown out by the court, he would reintroduce another version of it.
“Those who are challenging the bill can’t get any traction, so their only option is to try to muddy up the waters of the court, and that’s all this is,” he said.
The lawsuit was filed by five inmates who are either being tapered off hormone therapy or refused therapy because of SB 185’s enactment. The suit argues that the law violates their Eighth Amendment protections against cruel and unusual punishment.
Defendants contended that taxpayer dollars shouldn’t be spent on “controversial” treatment and that the medical debate over gender-affirming care isn’t settled.
Calvert wrote in her 64-page ruling that political “controversy” is not a justification to deny treatment.
The federal judge also said she would consider granting partial summary judgment for permanent injunctive relief.
State Sen. Josh McLaurin, a Democrat from Sandy Springs, said Thursday’s injunction is the logical response to a poorly written bill.
“Everyone who voted yes on this bill knew this was coming and knows they’re subjecting the state to millions more dollars of attorney’s fees and settlements,” said McLaurin, who is also running for lieutenant governor. “This is what happens when legislators target vulnerable people for political red meat. The courts stop it, and taxpayers pay for it.”
About the Authors
Keep Reading
The Latest
Featured
