Georgia Parents Seek Emergency Court Order Blocking Anti-Transgender Health Care Ban
Facing a devastating loss of essential medical care for their children, four Georgia families, along with TransParent, a national organization of parents with transgender children, ask a federal court to block the law from taking effect
ATLANTA 鈥 Four Georgia families have filed a lawsuit asking a federal court to stop (鈥淪B 140,鈥 the 鈥淗ealth Care Ban,鈥 or the 鈥淏an鈥) from taking effect on July 1. The plaintiffs say the law strips them of their right to make critical decisions about their children鈥檚 health care, including seeking and obtaining appropriate medical treatment, and inflicts undue harm on one of the state鈥檚 most vulnerable groups.
In their complaint and motion requesting to block the law from taking effect, plaintiffs ask that the government not insert itself into personal health care decisions that should be made by parents, children, and their doctors.
Several states, including Arkansas, Alabama, Indiana, Kentucky, Tennessee, and Florida, have enacted similar Health Care Bans targeting transgender youth, all of which have been enjoined by federal courts in those states. The Georgia law is unique in that it bans one aspect of the medication treatment for gender dysphoria鈥攈ormone therapy鈥攚hile allowing the provision of puberty blockers鈥攅ven though they go hand-in-hand as part of the full complement of appropriate medical care.
Parent plaintiffs, who have requested a court order allowing them to proceed anonymously based on fears for their safety as a result of the hostility that laws like SB 140 engenders, express the importance of being able to seek and provide the best medical care to support their children鈥檚 well-being and to ensure that their children can continue to thrive with access to appropriate medical care, pursuant to recognized standards of care, and according to each child鈥檚 individual circumstances and needs:
鈥淚t is outrageous that Georgia passed a law targeting one of our most vulnerable populations. This is a direct attack on kids who are just trying to be themselves and are now being harmed by the same government that is supposed to protect them,鈥 said Paul Voe. 鈥淚 cannot sit back and watch this law negatively impact the mental and physical health of my child and many others across Georgia. I must stand up for what鈥檚 right for my kid and every kid like her.鈥
鈥淚t is vital that, as a family, we have agency in our own medical decisions that are in the best interest of our child鈥攖hat includes gender-affirming care,鈥 said Anna Zoe. 鈥淥ur sweet, bright, and creative daughter has been a girl for as long as she can remember. Her identity as a girl is as natural and innate as any of the other attributes she was born with鈥攂lue eyes, left-handedness, and an infectious laugh. Access to gender-affirming care will allow our daughter to develop into the person she has always wanted to be, and the person she has always been inside.鈥
鈥淚 am committed to fighting for my daughter鈥檚 right to have access to lifesaving, best-practice gender-affirming care,鈥 said Emma Koe. 鈥淭his law is targeting transgender youth, their families, and the providers who are following the standards of care. It is taking away my right as a parent to decide what medical care is best for my daughter. Having access to gender-affirming care means my daughter can be the girl she has always known she is. She can grow, develop, and live a happy, authentic life just like any other child in Georgia.鈥
鈥淢y child may not legally have a voice to be heard, but I do, and I will not be silent鈥擨 will fight for my child to have the freedom to be exactly who she says she is,鈥 said Hailey Moe. 鈥淗aving access to gender-affirming care is critical鈥攊t means my daughter has a greater chance of living a happy, thriving, fulfilling life.鈥
鈥淧rohibiting access to necessary medical care is just cruel,鈥 said Beth Littrell, Senior Supervising Attorney for 澳彩开奖鈥檚 LGBTQ Rights and Special Litigation at the 澳彩开奖. 鈥淭he Healthcare Ban displaces parents鈥 ability to make decisions in the best interest of their children, disregards the collective knowledge of the medical community, and condemns children to years of suffering. Laws like this are predicated on prejudice, misinformation, and manufactured fears, and they are as indefensible as they are unconstitutional.鈥
鈥淕eorgia parents of transgender youth want what all Georgia parents want鈥攖o be able to support and protect their children and to provide them with the care they need to be healthy and thrive. Gender-affirming health care is best-practice, evidence-based medical treatment that is necessary for the health and happiness of many transgender youth. SB 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. This lawsuit is about securing the rights of Georgia parents to care for their children, and securing the rights of transgender youth to access the medical treatment they need,鈥 said Cory Isaacson, legal director, ACLU of Georgia.
鈥淪B 140 strips the rights of families to make their own medical decisions by prohibiting safe and effective medical care for treating gender dysphoria. In doing so, the state has banned critically important care that is often lifesaving for transgender youth,鈥 said Cynthia Cheng-Wun Weaver, Senior Director of Litigation at the Human Rights Campaign Foundation. 鈥淥ur health care providers and families care about nothing more than doing what鈥檚 best for their patients and children. We are suing to challenge the unconstitutional attacks on transgender youth and their families. The Human Rights Campaign is dedicated to continuing our work to provide a safe, open, and welcoming Georgia for all to live, work, and raise a family.鈥
鈥淪B 140 not only threatens the health and well-being of transgender youth in Georgia, it is also unconstitutional.听 The Health Care Ban singles out transgender minors and denies them essential medical care.听 It further infringes on the fundamental right of parents to make medical decisions in the best interests of their children. These outcomes cannot be squared with the Constitution,鈥 said Ben Bradshaw of 翱鈥横别濒惫别苍测 & Myers LLP.
The plaintiffs in Emma Koe, et al. v. Caylee Noggle, et al. are represented by the following civil rights organizations: the 澳彩开奖 (澳彩开奖), the ACLU of Georgia (ACLU-GA), and the Human Rights Campaign Foundation (HRC), and the law firm 翱鈥横别濒惫别苍测 & Myers LLP.
The complaint and motion can be found HERE.
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