ATLANTA — The legal battle against Georgia's gender-affirming care ban for minors faces a new deadline before potentially being paused.
Attorneys representing transgender children and their families in Georgia appeared in federal court Wednesday, just days after the state's new law took effect.
It prohibits certain forms of gender-affirming care for children younger than 18. However, it allows puberty blockers and anyone who was currently on a care plan is not impacted by the newly enacted law.
Plaintiffs argue that the ban is an overreach by state lawmakers and poses significant dangers to the families of transgender children. The state's stance is that such care, which could be permanent, should not be allowed for children who are still developing.
Families across Georgia who rely on gender-affirming care are anxiously awaiting the outcome of the lawsuit filed by the Southern Poverty Law Center and other human rights organizations. They have had to make difficult decisions and plans regarding their children's treatment and medical care.
"We should not be creating medical barriers to people receiving care, and what we know is those closest to the issue are the ones who have the answers," Kia Smith, whose daughter identifies as transgender previously said. She is not a defendant in the lawsuit.
During the court proceedings, a judge urged attorneys from both sides to agree on a timeline for legal proceedings before scheduling another hearing. At the upcoming hearing, the judge will consider approving an injunction, effectively pausing the implementation of the law while the lawsuit progresses.
Speaking on behalf of the families involved in the lawsuit, Beth Littrell of the Southern Poverty Law Center emphasized the importance of allowing the plaintiffs to proceed anonymously due to the hostility and fear that laws like S.B. 140 can generate.
"We filed a motion to proceed anonymously on behalf of the plaintiffs, and that's for a reason. It's because laws like S.B. 140 engender such hostility because they do prey on fears," Littrell said.
The lawsuit, filed on June 29 against several state officials, seeks to challenge the constitutionality of the new law. Ed Buckley asserts that the law interferes with a parent's right to make decisions about their child's medical care, a fundamental right that should be protected. He also claims that it violates the equal protection clause.
Notably, a judge in Arkansas recently declared a similar gender-affirming care ban unconstitutional. Buckley, Littrell, and the families of the four transgender girls involved in the Georgia lawsuit are hoping for a similar outcome, saying they recognize a growing national recognition that laws like S.B. 140 are unconstitutional and unjustifiable.
The lawyers representing the defendants have expressed their intent to add outside counsel to their leadership team. The judge has given both sides until Friday to reach an agreement on a schedule for further proceedings.