ATLANTA — Doctors can again prescribe hormone replacement therapy on transgender children now that a federal judge issued a temporary injunction on part of a Georgia law.
The transgender health law, or SB 140, went into effect in March.
Three families of transgender children challenged it.
In her 83-page ruling, federal court Judge Sarah Graghty said Georgia’s transgender health law is “likely to violate the equal protection clause” of the U.S. Constitution.
Beth Littrell represented the three families of transgender children challenging the law.
“This law is substantially likely to be ruled unconstitutional because it’s sex discrimination, plain and simple,” Littrell said.
The Georgia legislature passed the bill in March and Gov. Brian Kemp quickly signed it into law.
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The bill’s author, Cordele state Sen. Carden Summers, defended the law from the accusation that it was politically motivated to appeal to the Republican base.
“We’re not trying to do anything. We’re just trying to protect the children. That was the intent of the bill and that’s where we’re at,” Summers told Channel 2′s Richard Elliot at the time.
The law prohibits doctors from performing gender-affirming surgery, but the three families challenged the part that also banned the medical community from providing hormone replacement therapy.
The temporary injunction lifts that ban.
State Attorney General Chris Carr said Monday he would fight the ruling.
“We are disappointed in the judge’s decision and plan to immediately appeal to protect the health and well-being of Georgia’s children,” Carr said.
Littrell believes any appeal will fail.
“That’s unfortunate, but not unexpected, and we will fight that appeal. We don’t think there’s any basis for an appeal,” Littrell said.
The injunction is temporary. There must still be a full trial to determine if that law is unconstitutional.
No trial date has been set.
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