What is gender dysphoria?
Gender dysphoria is a serious medical condition that many trans people experience. It happens when a person’s gender identity does not match the sex they were assigned at birth, and it can cause deep distress.
Why is gender dysphoria treatment important?
Doctors, judges, and even the Georgia Department of Corrections (GDC) have recognized that gender dysphoria requires individualized medical treatment. Medically-necessary treatment for gender dysphoria may include hormone therapy, social transition care, hair removal treatment, and surgery. GDC has given trans people access to hormone therapy for more than a decade thanks to the legal advocacy of Black trans activist Ashley Diamond. SB185 takes all of this healthcare away.
What is SB185?
On May 8, 2025, Governor Brian Kemp signed SB185, a new law that bans the use of state money or resources for gender dysphoria healthcare in Georgia prisons. This means people in prison cannot get hormone therapy, hair removal, or surgery related to gender dysphoria. Lawmakers also made it clear that even if people in prison try to pay for their own gender dysphoria treatment, they will not be allowed to get it. The law specifically allows people to get this same care, such as hormone treatment, as long as they are not trans, and it is not to treat gender dysphoria.
How is SB185 related to other new state and nationwide policies impacting trans people?
SB185 is part of a larger wave of anti-trans laws in Georgia and across the country. Even though GDC once promised gender dysphoria healthcare for trans people in prison, the political climate has become more hostile. The law forces trans people in prison to stop treatment, while people who are not trans can still receive the same kind of medical care. Many believe the law was passed to target and punish trans people, not to save money or improve healthcare.
What happens to people already getting treatment like hormone therapy?
Because of SB185, GDC is terminating all gender dysphoria treatment currently being provided. People receiving hormone therapy can “choose” to have their treatment cut off right away or to have it phased out over a few weeks. Stopping hormone therapy for non-medical reasons can cause serious health problems. These include heart disease, bone density loss, anxiety, depression, and even self-harm.
What is Benjamin et al. v. Oliver et al.?
On August 8, 2025, the Center for Constitutional Rights and Bondurant Mixson & Elmore LLP filed a class action lawsuit on behalf of five trans people incarcerated in Georgia, challenging the constitutionality of SB185. Filed in the Northern District of Georgia, Atlanta Division, the lawsuit charges the defendants with “deliberate indifference” to the medical needs of trans people with gender dysphoria in their custody.
The lawsuit asks the court to block SB185 from being enforced against the over 300 trans people currently incarcerated in Georgia, and to declare that the law violates the Eighth Amendment’s prohibition against cruel and unusual punishment. The complaint was accompanied by a motion for a preliminary injunction seeking to immediately restore access to hormone therapy, which has been discontinued since the law’s passage. A court hearing is set for August 29, 2025.
Courts in some other states have already paused enforcement of similar laws due to constitutional concerns.
Who will be affected by the case?
The lawsuit is a class action, which means the five people bringing the case are seeking to represent a larger group. In this case, that group is all trans people in Georgia prisons who need or are seeking gender dysphoria treatment. If the court rules against SB185, all trans people in GDC custody diagnosed with gender dysphoria could get healthcare—not just the five plaintiffs.
Can other trans people in prison join the case?
Yes. Any trans person in GDC custody who has received or is asking for gender dysphoria healthcare is already part of the putative class. If our class is certified by the court, they will not need to file their own case to get relief.
What can I do to help loved ones inside?
The Georgia Board of Corrections published a proposed rule for implementing SB185 across GDC and is currently accepting comments from the general public.
You can submit comments opposing the rule by mail to: Georgia Department of Corrections, Attn: Office of Legal Services, P.O. Box 1529, Forsyth, Georgia 31029 before 3:00 p.m. on September 3, 2025.
ARC Gender Justice has prepared a template that you can use to help you draft a comment, and some tips for writing it.
You can also attend the final hearing on the rule on Thursday, September 4, 2025 at 10:00 a.m. in the Board Room at 300 Patrol Road, Gibson Hall, 3rd Floor, Forsyth, GA 31029.
Where can I get more info?
You can read case updates, case documents, and our press release on our case page.