Atlanta, GA – A group of incarcerated transgender individuals in Georgia has filed a class action lawsuit challenging a newly enacted state law that prohibits gender-affirming medical care in prisons. The lawsuit claims the law violates the Eighth Amendment, which forbids cruel and unusual punishment, and highlights its severe impact on hundreds of transgender prisoners compelled to detransition against their will.
The case comes amid growing national concern over restrictive policies targeting transgender healthcare, marking another critical legal battle in the fight for trans rights behind bars.
A Dire Impact on Trans Prisoners in Georgia
The plaintiffs—five transgender people representing nearly 300 others detained in Georgia state prisons—argue that Senate Bill 185 (SB 185) will have “catastrophic consequences.” Signed into law in May by Republican Governor Brian Kemp, SB 185 bans the use of state funds and resources for procedures including hormone replacement therapy, sex reassignment surgeries, and other gender-affirming treatments.
Notably, the law explicitly allows hormone treatment only when medically necessary for conditions unrelated to gender dysphoria, and disallows prisoners from paying for treatments independently while incarcerated.
“It’s really unfortunate, I think that it has and will cost people’s lives,” said Chinyere Ezie, senior staff attorney at the Center for Constitutional Rights and lead counsel in the case. “The plan is to really just eradicate trans people from public life, to make the treatment of gender dysphoria a culture war, as opposed to a serious medical need.”
Personal Harms Detailed by Plaintiffs
The legal complaint includes harrowing accounts of health declines from forced cessation of gender-affirming care. For example, Fantasia Horton, a transgender woman incarcerated at Phillips State Prison, had been receiving hormone therapy since 2019 but was abruptly cut off following SB 185’s passage. Her mental and physical health rapidly deteriorated; just a week without treatment three years ago previously caused severe depressive symptoms.
Gender dysphoria is a medically recognized condition characterized by distress when a person’s physical sex does not align with their gender identity. Medical experts stress that treatment, including hormone replacement therapy, must not be stopped suddenly but reduced gradually over months to prevent severe psychological and physical effects.
“Taking away individuals’ access to gender-affirming therapies while in prison constitutes cruel and unusual punishment and increases the likelihood of abuse and detrimental health consequences,” explained psychologists and physicians familiar with the case.
- Forced detransition leads to increased risks of anxiety, depression, and suicidal ideation among incarcerated trans people.
- SB 185 prevents prisoners from paying privately for gender-affirming treatments within prison facilities.
- State resources cannot be used to transport or facilitate access to approved providers for such care.
A History of Legal Struggles and Ongoing Battle
This lawsuit echoes earlier landmark cases, including one a decade ago when Ashley Diamond, a Black transgender woman, sued the Georgia Department of Corrections for denying hormone therapy and placing her in men’s prisons. That case garnered federal attention and resulted in policy changes and a settlement.
Yet, despite these past victories, new legislation like SB 185 threatens to undo progress, leaving advocates feeling as if the movement is being pushed backward.
“It feels like … we are now fighting to hold on to very basic legal wins that you know we achieved, at times, decades ago,” said Ezie.
Legal experts remain cautiously optimistic that courts will strike down the law, citing precedents from other states, such as a 2005 Wisconsin case where a federal court ruled similar bans on gender-affirming care unconstitutional.
- Colorado reached a settlement requiring improved care and housing for incarcerated trans people after a similar class action lawsuit.
- Such rulings affirm that denial of medically necessary gender-affirming care amounts to cruel and unusual punishment under the Eighth Amendment.
Future Legal and Advocacy Efforts
The Center for Constitutional Rights and co-counsel plan to continue all available avenues to combat anti-trans legislation and uphold the rights of transgender incarcerated individuals. Ezie emphasized the importance of court challenges, organizing, and lobbying as vital strategies.
“This is why we fight,” said Ezie. “We’re going to continue to use the courts, we’re going to continue to organize, we’re going to lobby against bills like this that cause so much preventable harm.”
For more on this developing story and in-depth reporting, see Candice Norwood’s coverage at The 19th.
Key Facts About SB 185 and Its Impact
- Signed into law in May 2025 by Governor Brian Kemp.
- Prohibits use of state funds for sex reassignment surgeries, hormone therapies, and cosmetic procedures for incarcerated people.
- Disallows inmates from paying privately for gender-affirming treatments within prison facilities.
- Impacts nearly 300 transgender prisoners in Georgia state prisons.
- Violates Eighth Amendment protections against cruel and unusual punishment according to legal challengers.
What do you think about this lawsuit and the treatment of transgender prisoners in Georgia? Have you or someone you know been affected by prison healthcare policies? Share your thoughts in the comments below!