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Gabrielle M. Etzel, Healthcare Reporter


NextImg:Georgia's ban on gender surgeries for minors takes effect under looming legal threat

Georgia's ban on gender transition for minors, which took effect on July 1, may be enjoined by a federal judge following a lawsuit filed on Friday by the Southern Poverty Law Center and the American Civil Liberties Union.

"Georgia parents of transgender youth want what all Georgia parents want — to be able to support and protect their children and to provide them with the care they need to be healthy and thrive," said Cory Isaacson, legal director for ACLU Georgia. "S.B. 140 prohibits Georgia parents from being able to get their children that essential health care, substituting the will of state politicians for the decision-making of parents and the professional judgment of medical providers."

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Gov. Brian Kemp (R-GA) signed the law in late March, prohibiting "irreversible procedures or therapies ... for the treatment of gender dysphoria," including reassignment surgeries and hormone replacement therapy, or HRT.

At the center of the ACLU and SPLC lawsuit, however, is the fact that the ban does not prevent the prescription of puberty blockers for treating gender dysphoria in minors.

"Minors with gender dysphoria who are prescribed puberty-blocking medications but are not able to begin hormone therapy at the appropriate time may suffer negative consequences of being on puberty blockers for a prolonged period," argue the plaintiffs. "Although puberty-blocking medications are a safe and effective treatment for delaying puberty in transgender youth, remaining on puberty-blocking medication until the age of majority is not a viable or recommended option.

"It is vital that, as a family, we have agency in our own medical decisions that are in the best interest of our child — that includes gender-affirming care," said one of the four plaintiffs in the case, Anna Zoe, suing on behalf of her child. "Her identity as a girl is as natural and innate as any of the other attributes she was born with.

“My child may not legally have a voice to be heard, but I do, and I will not be silent," said another parent plaintiff, Hailey Moe. "I will fight for my child to have the freedom to be exactly who she says she is."

Gender transition medicine for minors has become a key facet of debate in the GOP 2024 presidential primary along with other gender ideology issues.

Early into his campaign, former Vice President Mike Pence said he would support a federal move "to protect children from this radical gender ideology" and ban chemical or surgical transitions for minors.

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Nikki Haley called the issue of biological males participating in women's sports "the women's issue of our time" at a Women for Nikki event in April.

A federal judge last month granted an emergency injunction of presidential contender Gov. Ron DeSantis's (R-FL) law blocking gender transition medicine for minors, saying that the law is likely to be found unconstitutional when the case is heard in full.