Judge temporarily blocks part of Georgia law restricting treatment for transgender children

August 21st, 2023

Georgia state Sen. Carden Summers testifies about Senate Bill 140, which he sponsored, before a House committee in March 2023. (Matthew Pearson/WABE)

This story was updated at 3:09 p.m.

A federal judge has temporarily blocked part of Georgia’s SB 140, which prohibited transgender children from starting hormone replacement therapy as of July 1.

The preliminary injunction blocks the state from enforcing the law’s restrictions on hormone therapy while a lawsuit over SB 140 moves through the courts.

Georgia’s ban on gender-affirming surgery for transgender minors, another component of SB 140, remains in effect.

In an 83-page ruling, U.S. District Judge Sarah Geraghty wrote that the restrictions on hormone therapy likely violate the 14th Amendment’s equal protection clause by discriminating against transgender children.

Geraghty also found that the plaintiffs, including three transgender children, risk “serious and irreparable” harm without a preliminary injunction allowing them to access treatments prescribed by their doctors.

A spokesperson for Georgia Attorney General Chris Carr responded to the ruling late Monday afternoon.

“We are disappointed in the judge’s decision and plan to immediately appeal to protect the health and well-being of Georgia’s children,” said Kara Richardson in a statement.

“We remain tireless in working for parents to be able to make critical decisions for their children, and for transgender individuals to continue having access to the health care they deserve,” lawyers for the plaintiffs wrote in a statement. “We are hopeful that the strong rejection of this harmful, prejudicial law will stop the relentless attacks on the rights of transgender youth and their families.”

“The federal judge confirms what so many families and transgender youth have been saying all along: that bans against healthcare are harmful, dangerous, discriminatory and illegal,” said Georgia Equality Executive Director Jeff Graham in a statement. “It is our hope that this loss, and its echoes all over the country, along with overwhelming public opposition, will discourage any further legislative action targeting trans folks when the General Assembly convenes again in January.”

Georgia Republicans passed SB 140 in March over the protests of transgender children, their families and most Democrats. The Republican sponsors said their aim was to prevent children from receiving treatments they may later regret.

The American Academy of Pediatrics recommends doctors provide age-appropriate, gender-affirming care.

Federal judges have blocked or partially blocked similar laws in several states and a court struck down Arkansas’ ban in June.

This is a developing story.