Benjamin, et al. v. Oliver, et al.

At a Glance

Date Filed: 

August 8, 2025

Current Status 

Trans incarcerated people filed a class action complaint on August 8, 2025, challenging the termination of their gender dysphoria treatment, and moved for a preliminary injunction to enjoin enforcement of Georgia's blanket ban on care.

Co-Counsel 

Amanda Kay Seals and Matthew Sellers of Bondurant Mixson & Elmore LLP

Client(s) 

Five trans people incarcerated in the custody of the Georgia Department of Corrections representing a class of incarcerated trans people denied access to gender dysphoria healthcare

Case Description 

In May 2025, Georgia Governor Brian Kemp signed a state law, SB185, that prohibits the provision of hormone therapy and other forms of healthcare for gender dysphoria in Georgia state prisons, despite the fact that such healthcare has previously been deemed medically necessary by doctors, judges, and the Georgia Department of Corrections (GDC). For more than a decade prior, GDC acknowledged that people with gender dysphoria in custody are entitled to “constitutionally appropriate” medical care, including hormone therapy and grooming items to support social transition.

Five trans plaintiffs—two men and three women—brought a class action lawsuit in August 2025 on behalf of the nearly 300 trans people incarcerated in Georgia to challenge the law's constitutionality. The lawsuit charges the defendants with “deliberate indifference” to the medical needs of people in their custody, urging the court to enjoin the law and declare that it violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Indeed, federal courts have struck down laws similar to SB185 in other states as unconstitutional.

The law threatens the right of trans people to live with dignity and self-determination and demonstrates that its intent is blatant discrimination rather than any meaningful attempt to provide appropriate healthcare or manage prison costs. Emerging amid a raft of anti-trans bills in Georgia and other states and the Trump administration’s anti-trans policies, SB185 forces people in Georgia prisons to de-transition, while allowing others who are not trans to receive the very same treatment, such as hormone replacement therapy, that it denies trans people. SB185 would also prohibit incarcerated trans people from paying for their own treatments. Our clients face potentially catastrophic consequences from the new law, as withdrawal of hormone therapy and denial of essential medical care can cause severe medical and psychological problems, including cardiovascular issues, osteoporosis, severe depression, and self-harm. 

Our clients have all been diagnosed with gender dysphoria and have been prescribed or are seeking evaluations for treatment, including hormone therapy and surgery. They were informed in July 2025 that their care would no longer be available, and those who were receiving treatment were either instructed they would be "weaned" off of it or had their care abruptly terminated, risking severe health consequences.

This case follows on the Center for Constitutional Rights' work to challenge discrimination against and persecution of LGBTQIA+ people, in particular affirming the rights to safety and care of trans people in Georgia prisons in the case on behalf of Ashley Diamond, whose advocacy established GDC's requirement to provide access to hormones and other care to trans people in its custody.

Case Timeline

August 8, 2025
Complaint and motion for preliminary injunction filed against Georgia Department of Corrections