Georgia law prohibiting transgender inmates from receiving gender-affirming care overturned

In a significant legal decision, a Georgia law that limited access to gender-affirming medical care for transgender inmates has been invalidated. Judge Victoria M. Calvert issued a permanent injunction against SB 185 on Wednesday, a law signed by Governor Brian Kemp in May and implemented in July, ruling that it violated the Eighth Amendment's protection against cruel and unusual punishment.

"The state is responsible for the well-being of all individuals in its custody, whether they have gender dysphoria or another medical condition," said Emily Early, attorney at the Center for Constitutional Rights, who represented the plaintiffs. "Gender dysphoria is a medical condition, similar to diabetes or cancer, and the state must provide treatment that meets constitutional standards."

Early added that by prohibiting treatment for gender dysphoria, the Georgia Department of Corrections and its contractor Centurion denied medically necessary care, which the Constitution requires even in prisons.

SB 185 barred the use of state resources for gender-affirming surgeries, hormone therapy, cosmetic procedures, and other treatments for gender dysphoria. Critics argued the law specifically targeted transgender individuals while allowing the same treatments for other medical conditions.

Five transgender inmates two men and three women filed the lawsuit in August, claiming that the law not only harmed their mental health but also posed serious physical risks, including cardiovascular issues and cognitive decline, from withdrawing hormone therapy.

Under U.S. law, prisons are required to provide healthcare to inmates. The 1976 Supreme Court case Estelle v. Gamble established that denying medical care to prisoners constitutes cruel and unusual punishment.

Gender-affirming care, while including cosmetic procedures, is essential to the mental and physical health of recipients. Major medical organizations, including the American Medical Association, the American Psychiatric Association, and the World Health Organization, recognize it as medically necessary care for both adults and minors.

Early emphasized that the Georgia Department of Corrections and its partners were deliberately indifferent to the medical needs of transgender inmates, amounting to cruel and unusual punishment.

Similar laws in other states have been repeatedly overturned by federal courts for violating the Eighth Amendment. "These bans are politically motivated attempts to override well-established medical practices for some of the most vulnerable individuals, including incarcerated trans people," Early said.

Approximately 5,000 transgender individuals are incarcerated nationwide, making up 0.4% of the total U.S. prison population, with around 340 trans inmates in Georgia facilities who will now retain access to necessary care.

"This lawsuit ensures that all people are treated with dignity and have access to essential healthcare," Early added. "While this case focuses on transgender individuals, it highlights that constitutional rights to medical care apply to everyone."

Author: Logan Reeves