Georgia can resume ban on hormone treatment for transgender youth: judge

06 September 2023 - 10:47 By Reuters
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Republican lawmakers in several US states have passed such laws restricting medical treatments for transgender minors. Stock photo.
Republican lawmakers in several US states have passed such laws restricting medical treatments for transgender minors. Stock photo.
Image: 123RF/SKYCINEMA

A US judge on Tuesday allowed the state of Georgia to resume enforcing a new Republican-backed ban on hormone replacement therapy for transgender people under the age of 18 after a federal appeals court allowed a similar law in Alabama to go back into effect.

US district judge Sarah Geraghty in Atlanta had two weeks ago blocked enforcement of Georgia's law after concluding a group of parents and transgender minors would likely succeed in establishing it violated the US constitution.

The plaintiffs argued the law violated a minor's rights under the constitution's 14th amendment to equal protection under the law.

But a day after Geraghty ruled, a three-judge panel of the 11th US Circuit Court of Appeals on August 21 reversed a lower-court ruling that had blocked enforcement of a similar Alabama law banning the use of puberty blocking drugs and hormones to treat gender dysphoria in transgender minors.

That panel was entirely comprised of judges appointed by Republican presidents. The 11th circuit hears appeals from Georgia as well, and after it ruled, the state's Republican attorney-general Christopher Carr urged Geraghty to vacate her injunction.

Geraghty, an appointee of Democratic President Joe Biden, on Tuesday instead put it on hold, saying it “rests on legal grounds that have been squarely rejected by the panel” in the Alabama case but that further appeals in that matter were under way.

Representatives for the plaintiffs and Carr did not immediately respond to requests for comment.

Republican lawmakers in several states have passed such laws restricting medical treatments for transgender minors. Many have been blocked in court challenges, with judges finding they discriminate by sex and interfere with parents' right to direct their children's treatment.

Governor Brian Kemp, a Republican, in March signed Georgia's law, which bans certain medical procedures and therapies for minors who experience gender dysphoria, which refers to the psychological distress that some individuals experience because of a mismatch between their biological sex and gender identity.

The law also prevents minors from receiving gender-affirming surgeries, though that provision was not at issue in the case before Geraghty.


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