Southern Queer Newsroom
Georgia Prisoners Sue to Restore Gender-Affirming Care
A common attack on transgender rights this year has been banning inmates from receiving gender-affirming care (GAC). In Georgia, after several state senators voted in favor of legislation they previously said they had opposed, House Democrats claimed the bill was discriminatory and unconstitutional, and walked out on SB 185 in a show of solidarity with the trans community.
Now, those allegations of unconstitutionality are being considered in a court of law, as state transgender inmates have sued the Georgia Department of Corrections in federal court over SB 185, claiming their constitutional rights against cruel and unusual punishment have been violated. The class-action suit is being brought by the Center for Constitutional Rights, and the five transgender plantiffs have sued on behalf of over 300 others in the Georgia carceral system.
According to the complaint, providing GAC was standard practice for trans people in GDC custody for over a decade before SB 185 was signed into law and that GDC's healthcare contractor, Centurion of Georgia, is aware the ban puts trans inmates' health in serious risk. There are serious health consequences to stopping GAC, especially hormone replacement therapy (HRT), including increased risks of cardiovascular disorders and worsening of mental conditions and disorders that place the victim at heightened risk of self-harm or suicide.
The severity of this situation, seen by many in the trans community as part of a long-running attempt at extermination, has clearly set in. In an interview with The 19th, CCR staff attorney Chinyere Ezie, who is on the team representing the plaintiffs, said "I think that the plan is to really just eradicate trans people from public life[.]"
Forcibly detransitioning inmates with gender dysphoria has been tried federally and in numerous states around the country. In Idaho – where a very similar law was passed – a judge blocked the state from enforcing their ban for violating the Eighth Amendment. The federal ban on inmates receiving GAC was temporarily blocked in June, awaiting a hearing and decision. It seems clear the plaintiffs are counting on this same interpretation of the Eighth Amendment to be applied in this case.
If you are a Georgia resident, you can comment on an upcoming proposal by the Georgia Department of Corrections to enforce SB 185 through following the instructions laid out here. The comment period is open until September 3, 2025.