"In a massive legal victory, a Georgia law restricting access to gender-affirming care for transgender inmates has been struck down. Judge Victoria M. Calvert issued a permanent injunction Wednesday against SB 185, signed by Republican Gov. Brian Kemp in May and enforced as of July, finding that it violated the Eighth Amendment's prohibition on cruel and unusual punishment. "The state is responsible for the well being of any person it holds in its custody, regardless of whether that person has gender dysphoria or another diagnosis,""
"SB 185 prohibited the use of state funds or resources for gender-affirming surgeries, hormone replacement therapy, cosmetic procedures, and other treatments for gender dysphoria. However, it "uniquely targeted transgender persons," Early says, as it allowed the same treatments for conditions other than gender dysphoria. Five trans people - two men and three women - filed a lawsuit against the bill in August, represented by the Center for Constitutional Rights and Bondurant Mixson & Elmore LLP."
A federal court permanently enjoined Georgia's SB 185 after finding the law violated the Eighth Amendment's prohibition on cruel and unusual punishment. SB 185 barred state funds or resources for gender-affirming surgeries, hormone replacement therapy, cosmetic procedures, and other treatments for gender dysphoria while permitting equivalent care for other conditions. Five transgender inmates sued, arguing that loss of medically necessary care harms mental health and can produce severe physical complications, including cardiovascular issues and cognitive decline. Legal counsel insisted gender dysphoria is a medical condition requiring minimally adequate constitutional treatment for people in custody. The injunction prevents enforcement of the ban on such care for incarcerated individuals.
Read at Advocate.com
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