Federal judge temporarily blocks part of a new Georgia law that bans most gender surgeries on minors

Georgia state officials are 'enjoined' from enforcing the prohibition on prescribing hormone therapy to minors

Rand Paul presses Biden nominee over views on giving minors hormone therapy

'The End of Gender' author Debra Soh provides insight on 'Fox News Primetime.'

A federal judge on Sunday temporarily blocked a part of a new Georgia law that bans most gender surgeries.

According to the court order, U.S. District Judge Sarah Geraghty ruled that state officials who passed the law restricting transgender surgeries are "enjoined" from enforcing the prohibition on prescribing hormone therapy to minors.

Furthermore, Geraghty’s order found that it is "substantially likely" that the law could permanently be struck as unconstitutional pending a decision on the merits of the case.

TENNESSEE JUDGE DISMISSES LAWSUIT FROM TRANSGENDER PLAINTIFFS ASKING TO CHANGE SEX ON BIRTH CERTIFICATES

On page 36, "Here, the Court has determined that SB 140’s hormone-therapy ban is substantially likely to violate the Equal Protection Clause, and the Court’s decision in this regard does not depend on facts particular to Plaintiffs."

It states also on page 66, "As other courts have on similar facts, this Court finds it substantially likely that Plaintiffs can succeed in showing that SB 140 cannot survive heightened scrutiny."

federal judge temporarily blocks part of a new georgia law that bans most gender surgeries on minors

Georgia Senate Bill 140 allows doctors to prescribe puberty-blocking medications and minors who are already receiving hormone therapy may continue receiving such treatment. (AP Photo/Rick Bowmer)

However, the prohibition of any new patients under 18 from starting hormone therapy is still in effect and gender surgeries for indviduals under 18 are banned.

The law does allow doctors to prescribe puberty-blocking medications and minors who are already receiving hormone therapy may continue receiving such treatment.

The law, which went into effect July 1, was passed earlier this year by the GOP-controlled General Assembly before Republican Gov. Brian Kemp signed it, making Georgia one of at least 20 states with similar restrictions or bans. Other states with similar laws are also facing legal challenges.

The lawsuit was filed on behalf of the parents of four transgender girls and TransParent, an organization that supports parents and doctors of transgender children. The lawsuit was filed on their behalf by the Southern Poverty Law Center, the American Civil Liberties Union of Georgia, and the Human Rights Campaign Foundation.

NJ SENATE CONFIRMS FIRST TRANSGENDER CABINET OFFICIAL

federal judge temporarily blocks part of a new georgia law that bans most gender surgeries on minors

At least 20 states enacted restrictions or bans on sex reassignment care for minors. Most of those states are also facing legal challenges. (Erich Schlegel/AP Images for Human Rights Campaign)

"This decision is an incredible victory for Georgia families. We are gratified that the Court carefully considered the evidence and appropriately applied the law in halting SB 140," the ACLU said in statement. "This law unapologetically targets transgender minors and denies them essential health care. The ruling restores parents’ rights to make medical decisions that are in their child’s best interest, including hormone therapy for their transgender children when needed for them to thrive and be healthy."

It added, "Using hormone therapy to treat transgender youth when it is medically necessary is supported by every major medical organization in the country."

MULTIPLE STATES CRACK DOWN ON TRANSGENDER TREATMENTS FOR MINORS AMID GROWING LEGAL DEBATE

A federal judge struck down Arkansas' ban as unconstitutional, and federal judges have temporarily blocked bans in Alabama, Indiana, Kentucky and Tennessee. Oklahoma has agreed not to enforce its ban as opponents are seeking a temporary court order to block it. A federal judge blocked Florida from enforcing its ban on three children who have filed a lawsuit against its law.

federal judge temporarily blocks part of a new georgia law that bans most gender surgeries on minors

The lawsuit against Georgia's law comes as other Republican-led states are facing challenges targeting their bans on sex reassignment treatment for children. (Elijah Nouvelage/Bloomberg via Getty Images)

CLICK HERE FOR THE FOX NEWS APP

The states to have enacted laws restricting or banning sex reassignment care for minors are Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Utah, South Dakota and West Virginia.

Fox News' Landon Mion contributed to this report.

For more Culture, Media, Education, Opinion, and channel coverage, visit foxnews.com/media

Joshua Q. Nelson is a reporter for Fox News Digital.

Joshua focuses on politics, education policy ranging from the local to the federal level, and the parental uprising in education.

Joining Fox News Digital in 2019, he previously graduated from Syracuse University with a degree in Political Science and is an alum of the National Journalism Center and the Heritage Foundation's Young Leaders Program. 

Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. and Joshua can be followed on Twitter and LinkedIn

Authored by Joshua Nelson via FoxNews August 21st 2023