Georgia’s ban on cross-sex hormones in transgender procedures for children has been blocked by a judge.
A Win for Transgender Minors
A federal judge in Atlanta has made a significant ruling in favor of transgender minors. The judge has temporarily halted the enforcement of a Georgia law that prohibits the use of cross-sex hormones for treating minors who identify as transgender.
U.S. District Court Judge Sarah Geraghty granted a preliminary injunction on Aug. 20 (pdf) in a lawsuit challenging Georgia’s ban on hormone replacement therapy for the treatment of gender dysphoria in children.
Georgia’s ban on child gender transition was implemented when Republican Gov. Brian Kemp signed Senate Bill 140 into law on March 23. This law prohibits sex change surgeries and hormone replacement therapy for minors.
This law faced a legal challenge in a case known as Koe v. Noggle. Several transgender-identifying children, their parents, and a community organization filed a lawsuit against the law.
Judge Geraghty, in her order, stated that it is highly likely that the plaintiffs will succeed in permanently striking down the law as unconstitutional. As a result, she granted a temporary injunction against the ban on hormone therapy for gender dysphoria treatment in children.
The temporary injunction will remain in effect until the case progresses through the legal system.
Are Transgender Treatments Medically Necessary?
There have been numerous court rulings blocking bans on “gender-affirming care” for children. Proponents argue that these treatments are medically necessary to reduce the risk of suicide among individuals with gender dysphoria.
Opponents, however, dispute the claim that transgender procedures effectively lower suicidality. A study conducted in March, which evaluated mental health outcomes solely in terms of suicide likelihood, found inconclusive results.
One reason for the inconclusiveness is that most of the underlying research failed to account for the time elapsed after transgender procedures. The study suggests that individuals who undergo such procedures may experience an initial “honeymoon period” that diminishes over time, leading to similar levels of suicidal ideation as before.
The study authors noted the lack of methodological robustness in the literature reviewed and its implications for the informed consent process of gender-affirming treatment.
In her order, Judge Geraghty acknowledged the risks associated with hormone therapy but emphasized that these risks can be managed through an individualized approach. This approach involves consulting mental health and medical experts, considering parental consent, and ensuring that the treatment is deemed medically necessary.
“The imminent risks of irreparable harm to Plaintiffs flowing from the ban—including risks of depression, anxiety, disordered eating, self-harm, and suicidal ideation—outweigh any harm the State will experience from the injunction,” the judge wrote.
The question of whether transgender treatments are medically necessary has been a topic of debate and has arisen in other legal cases, such as the one challenging Florida’s ban on taxpayer-funded transgender procedures.
In that case, plaintiffs argued that “gender affirming care” should be considered medically necessary, safe, and effective for both adults and adolescents.
“Florida’s comprehensive review does not support the use of puberty blockers, cross-sex hormones, and reassignment surgeries as safe and effective treatments for gender dysphoria; and the Sunshine State should be allowed to follow the science,” said Louisiana Attorney General Jeff Landry in a news release supporting Florida’s regulation.
The Obligation to Protect Children
The Georgia law signed by Gov. Kemp highlights the significant increase in diagnoses of gender dysphoria among children, particularly girls, over the past decade. The law emphasizes the lack of scientific support for various aspects of this trend, including the absence of large-scale studies tracking long-term satisfaction with child sex-change procedures.
Under the principle of “do no harm,” the law advocates for a cautious approach to minors with gender dysphoria, providing counseling and allowing time for the child to mature and develop.
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