In a recent development, U.S. District Judge Sarah Geraghty in Atlanta has allowed the state of Georgia to resume enforcing a new Republican-backed ban on hormone replacement therapy for transgender individuals under the age of 18. This decision follows a federal appeals court’s ruling allowing a similar law in Alabama to go back into effect.
Judge Geraghty had previously blocked the enforcement of Georgia’s law, stating that it was likely in violation of the U.S. Constitution, following a challenge brought forth by a group of parents and transgender minors. The plaintiffs argued that the law infringed upon a minor’s rights under the Constitution’s 14th Amendment, specifically their right to equal protection under the law.
However, shortly after Judge Geraghty’s ruling, a three-judge panel of the 11th U.S. Circuit Court of Appeals overturned a lower-court decision that had blocked the enforcement of a comparable law in Alabama. This law prohibited the use of puberty-blocking drugs and hormones to treat gender dysphoria in transgender minors. Notably, the panel consisted entirely of judges appointed by Republican presidents.
The 11th Circuit Court handles appeals from both Georgia and Alabama, and in response to their ruling, Georgia’s Republican Attorney General, Christopher Carr, urged Judge Geraghty to vacate her injunction. Instead, Judge Geraghty decided to put the injunction on hold, citing that it “rests on legal grounds that have been squarely rejected by the panel” in the Alabama case. However, she noted that further appeals in the Alabama matter were still ongoing.
This decision is part of a broader legal battle surrounding similar laws passed by Republican lawmakers in multiple states, restricting medical treatments for transgender minors. While some have been blocked in court, with judges deeming them discriminatory and infringing on parents’ rights to direct their children’s treatment, the debate continues to be a contentious one.
Georgia’s law, signed by Republican Governor Brian Kemp in March, prohibits specific medical procedures and therapies for minors experiencing gender dysphoria, a condition characterized by psychological distress due to a misalignment between one’s biological sex and gender identity. The resumption of its enforcement marks a pivotal moment in the ongoing legal and political discussions surrounding transgender rights in the United States.
This decision is expected to have far-reaching implications and is likely to remain a topic of intense debate and legal scrutiny in the coming months.