A federal judge on Sunday temporarily blocked a part of a new Georgia law that bans most gender surgeries.
According to the court order, U.S. District Judge Sarah Geraghty ruled that state officials who passed the law restricting transgender surgeries are “enjoined” from enforcing the prohibition on prescribing hormone therapy to minors.
Furthermore, Geraghty’s order found that it is “substantially likely” that the law could permanently be struck as unconstitutional pending a decision on the merits of the case.
On page 36, “Here, the Court has determined that SB 140’s hormone-therapy ban is substantially likely to violate the Equal Protection Clause, and the Court’s decision in this regard does not depend on facts particular to Plaintiffs.”
It states also on page 66, “As other courts have on similar facts, this Court finds it substantially likely that Plaintiffs can succeed in showing that SB 140 cannot survive heightened scrutiny.”
However, the prohibition of any new patients under 18 from starting hormone therapy is still in effect and gender surgeries for indviduals under 18 are banned.
The law does allow doctors to prescribe puberty-blocking medications and minors who are already receiving hormone therapy may continue receiving such treatment.
The law, which went into effect July 1, was passed earlier this year by the GOP-controlled General Assembly before Republican Gov. Brian Kemp signed it, making Georgia one of at least 20 states with similar restrictions or bans. Other states with similar laws are also facing legal challenges.
The lawsuit was filed on behalf of the parents of four transgender girls and TransParent, an organization that supports parents and doctors of transgender children. The lawsuit was filed on their behalf by the Southern Poverty Law Center, the American Civil Liberties Union of Georgia, and the Human Rights Campaign Foundation.
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“This decision is an incredible victory for Georgia families. We are gratified that the Court carefully considered the evidence and appropriately applied the law in halting SB 140,” the ACLU said in statement. “This law unapologetically targets transgender minors and denies them essential health care. The ruling restores parents’ rights to make medical decisions that are in their child’s best interest, including hormone therapy for their transgender children when needed for them to thrive and be healthy.”
It added, “Using hormone therapy to treat transgender youth when it is medically necessary is supported by every major medical organization in the country.”
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A federal judge struck down Arkansas’ ban as unconstitutional, and federal judges have temporarily blocked bans in Alabama, Indiana, Kentucky and Tennessee. Oklahoma has agreed not to enforce its ban as opponents are seeking a temporary court order to block it. A federal judge blocked Florida from enforcing its ban on three children who have filed a lawsuit against its law.
The states to have enacted laws restricting or banning sex reassignment care for minors are Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Utah, South Dakota and West Virginia.
Fox News’ Landon Mion contributed to this report.
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