Georgia’s SB 185 Struck Down: A Landmark Win for Trans Right

Federal Judge Victoria M. Calvert ruled that Georgia Senate Bill 185 was in direct violation of the Eighth Amendment, which protects incarcerated individuals diagnosed with gender dysphoria. The Eighth Amendment is designed to protect people in the justice system from cruel and unusual punishment. It also serves to prevent abuse of power—though critics argue that abuse of power has become rampant in today’s system.

In May 2025, Governor Brian Kemp of Georgia signed Senate Bill 185 into law. The measure prohibits the use of state funds to provide gender-affirming care to incarcerated transgender individuals in Georgia prisons. However, the bill does not restrict hormone treatments or surgeries for cisgender individuals, making it a blatant attack on the transgender community.

Georgia’s SB 185 is not an isolated case. It’s part of a nationwide surge of anti-trans legislation. Last July, 2024 was reported by OFM as a recorded breaking year for anti-Trans legislation.  While I am tired of these attacks on the trans and LGBTQ+ community, we have to celebrate the wins when we get them.

During the 2025 legislative session, Republicans carried the vote, receiving zero support from Democrats in both the House and Senate. House Democrats opposed the bill so strongly that all but three staged a walkout rather than casting a vote. Those three did not vote in favor of the bill. The final House tally was 100-2, with the two “no” votes coming from Republicans. In the Senate, the bill passed 37–15 with Democrats unified in opposition.

After the bill was signed in May, incarcerated transgender individuals were notified in July that their gender-affirming care would be discontinued. They were told they could either taper off their hormones or stop cold turkey. At that time, five individuals partnered with the Center for Constitutional Rights to file a class-action lawsuit, arguing that SB 185 violated the Eighth Amendment and the Equal Protection Clause.

The case was first heard in U.S. District Court on August 25, 2025. The court ordered the Georgia Department of Corrections to continue providing hormone therapy while the case proceeded. On September 4, the court reaffirmed that ruling, ensuring incarcerated transgender individuals continued to receive treatment pending further review.

This past week, a two-day hearing concluded with Judge Calvert issuing a permanent injunction, striking down SB 185 as unconstitutional under the Eighth Amendment. The ruling emphasized that gender dysphoria is a medically recognized condition requiring individualized treatment under the care of a physician. Denying life-saving care, the court held, is unconstitutional.

Emily C. R. Early, an attorney for the plaintiffs and director at the Southern Regional Office of the Center for Constitutional Rights, stated: “Treatment for gender dysphoria can be life-saving, just like insulin is for diabetes.” She explained that denying treatment puts incarcerated transgender people at risk by increasing psychological distress, which heightens the danger of suicide. Early added: “Gender-affirming care is not elective—it is life-saving.” She argued that denying this treatment constitutes cruel and unusual punishment, violating the Eighth Amendment as well as protections under the Americans with Disabilities Act and Section 1557 of the Affordable Care Act.

Early also noted that fighting SB 185 in court is more costly than simply providing the necessary care, painting Republicans—who often emphasize fiscal responsibility—as hypocritical.

Representative Ruwa Romman Hudgins highlighted the burden lawsuits like these place on Georgia’s time and resources, which could be used to address pressing issues. Hudgins told FOX 5 Atlanta in April that the walkout was an effort by House Democrats to stand against wasteful spending, stating: “Over $4.1 million has already been paid to settle cases like these. The House Democrats walked out on this bill because they saw it for what it was—undignified, expensive discrimination.”

Ultimately, Judge Calvert found merit in the plaintiffs’ arguments against the blanket ban and issued a permanent injunction, ruling that gender-affirming care decisions must be made by medical professionals.

In the official injunction, according to the Atlanta Press Collective, Judge Calvert writes: “The Court does not hold that the Constitution requires all inmates receive hormone therapy if they want it. Rather, the Court requires healthcare decisions for prisoners to be made dispassionately, by physicians, based on individual determinations of medical need, and for reasons beyond the fact that the prisoners are prisoners. The Eighth Amendment prohibits blanket bans that deny medically necessary care solely because of political or ideological opposition.”

Attorney General Chris Carr’s office filed an appeal of the ruling on Monday, stating that it is prepared to fight the case all the way to the U.S. Supreme Court. The bill’s author, Republican Senator Randy Robertson, remarks: “We planned this all along. We knew how this was going to go—They were going to find a friendly judge, and Judge Calvert very much is that.”

This fight isn’t over, but Judge Calvert’s injunction is a victory worth celebrating in the Southern Bible Belt.