Federal Judge Staying Preliminary Injunction Against Anti-Transgender Health Care Ban

ATLANTA — A federal judge has stayed a preliminary injunction against Georgia Senate Bill 140 (“SB 140,” or the “Health Care Ban”) pending adjudication of the state’s request for her to reconsider her ruling. 

“We are disappointed, primarily for the families who are unable to get the care they need in Georgia or make medical decisions based on the best interest of their children. However, we want to stress that this is not the end of the judicial process and we will keep fighting and look forward to presenting our case in court.”

In August, lawyers representing four Georgia families and the organization TransParent successfully obtained a preliminary injunction blocking the Health Care Ban from being in effect while a lawsuit challenging SB 140 was litigated. That injunction is now stayed while the court considers the state’s request for reconsideration filed after the Eleventh Circuit Court of Appeals ruled in a different case challenging Alabama’s law banning gender-affirming care for transgender youth.

The plaintiffs in Emma Koe, et al. v. Caylee Noggle, et al. are represented by the following civil rights organizations: the Southern Poverty Law Center (SPLC), the ACLU of Georgia (ACLU-GA), the Human Rights Campaign Foundation (HRC), and the law firm O’Melveny & Myers LLP.

You can read the order HERE.