A federal judge in Georgia has issued a permanent order mandating the state’s prison system to continue providing gender-affirming care for transgender inmates, despite the state’s intention to appeal the decision.
Last week, U.S. District Judge Victoria Marie Calvert ruled that a new state law prohibiting hormone therapy for inmates violated their Eighth Amendment rights. She directed the state to maintain hormone therapy for current recipients and allow others with a medical need to start treatment.
Calvert emphasized in her ruling that gender dysphoria is a serious medical condition that requires appropriate care. She stated, “Plaintiffs have shown that a ban on hormone therapy is inadequate and poses a significant risk to transgender individuals.”
This decision comes amidst ongoing legal battles regarding the rights of transgender individuals, including their participation in sports and access to medical care. The Supreme Court has upheld bans on gender-affirming care for minors, while the Trump administration has taken steps to restrict transgender rights.
The case was brought by the Center for Constitutional Rights on behalf of transgender inmates in Georgia after a law was passed prohibiting state funding for gender-affirming treatments. The state has already filed an appeal to the 11th U.S. Circuit Court of Appeals, with Attorney General Chris Carr vowing to take the case to the Supreme Court.
The ruling has sparked controversy in Georgia, with House Democrats staging a walkout during the legislative session. Despite opposition, the law was signed by Gov. Brian Kemp, leading to plans to discontinue hormone therapy for inmates.
Georgia had started offering hormone therapy in 2016 following a previous lawsuit. The state reported over 340 inmates diagnosed with gender dysphoria, with 107 currently receiving hormone therapy.
While the state argued that denying hormone therapy did not constitute deliberate indifference, Judge Calvert disagreed, stating that the state’s proposed counseling and monitoring fell short. She emphasized the importance of providing adequate medical care to inmates.
Despite arguments from the state citing recent court decisions, including the Tennessee ban, Judge Calvert stood by her decision, highlighting the need to prioritize the medical needs of transgender individuals.
This case underscores the ongoing legal battles surrounding transgender rights and access to healthcare, with implications reaching the highest levels of the judicial system.
