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 law prevents people in prison from getting 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.

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. Medically-necessary treatment for gender dysphoria may include hormone therapy, social transition care, hair removal treatment, and surgery.

Doctors, judges, and even the Georgia Department of Corrections (GDC) have recognized that gender dysphoria requires individualized medical treatment. 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 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 was discontinued after the law’s passage. A court hearing was held on August 29, 2025, where we argued why the court must immediately block the law.

On September 4, 2025, the district court judge granted our motion for a preliminary injunction and certified two classes of people who are affected by the law—those who were receiving hormones and had their care terminated, and those who were seeking evaluations to be approved to receive hormones. While GDC has appealed the decision, the preliminary injunction is still in force and trans people in GDC should be able to request and receive their approved hormone treatments.

As with our case, courts in some other states have already paused enforcement of similar laws due to constitutional concerns.

Who is affected by the case?

The lawsuit is a class action, which means the five people bringing the case represent larger groups of people. In this case, those groups are all trans people in Georgia prisons who need or are seeking gender dysphoria treatment. Because the court certified our class and granted a preliminary injunction against enforcement of SB185, all trans people in GDC custody diagnosed with gender dysphoria should continue to get healthcare—not just the five plaintiffs. 

Prior to the injunction, was SB185 being enforced?

Yes. In July 2025, GDC began terminating all gender dysphoria treatment currently being provided because of SB185. People receiving hormone therapy were made to “choose” to have their treatment cut off right away or to have it phased out over a few weeks. 

Because the court granted our preliminary injunction on September 4, 2025, everyone approved for hormone treatment should continue to receive it. In addition, all trans people in GDC should be able to request evaluations to start hormone therapy.

Why is gender dysphoria treatment important?

Denying gender dysphoria treatment can cause serious health problems. So can terminating hormone therapy for non-medical reasons. These include heart disease, bone density loss, anxiety, depression, and even self-harm.

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.

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 one of the classes. Since our classes were certified by the court, trans people in GDC do not need to file their own cases to get relief.

What can I do to help loved ones inside?

You can let your loved ones know that GDC should be continuing to provide hormone therapy without tapering and initial hormone therapy evaluations following the court’s decision granting the preliminary injunction. If your loved ones do not have their care reinstituted, they can submit a sick call request. 

If problems persist, your loved ones can contact us by mail to share details, or you can contact us on their behalf. They can also submit a grievance to GDC. GDC’s grievance process has two steps: 

• Step 1: File an initial grievance about your denial of necessary healthcare or appointments, using these instructions:
• File within 10 days of an incident (i.e. an appointment where you only receive a partial dose of HRT or none at all, or a sick call request you submit on your need for ongoing care); 
• Limit to a single page; and
• Make sure your grievance only raises a single issue.
• Step 2: File an appeal once you receive the warden’s decision on your initial grievance using these instructions:
• File at the earliest of the following dates: 
• within 7 days of receiving GDC’s response, or
• 40 days after you filed your grievance (if GDC still hasn’t replied), or
• 50 days after you filed your grievance, if GDC requests an automatic 10-day extension but doesn’t reply by its extended deadline.
• BEFORE taking any legal action, you must wait for GDC to respond to your appeal, or for 120 days to pass (whichever is earlier).

Please be sure to follow all of these steps as written, and make a note of all applicable dates so that your grievance isn’t dismissed on procedural grounds. Also, please note: you must appeal the denial of your initial grievance, even if you’re told the issue it concerns is non-grievable. Finally, as a reminder, you must receive GDC’s response to your grievance appeal (or allow GDC’s 120-day response window to pass) before taking any legal action.

We also encourage you to make a copy of your grievance and appeal in case it ever gets lost. If that’s not possible, we suggest you keep detailed notes about what you wrote in your grievance and appeals, as well as the dates of your submissions.

You can learn more about how to challenge rights violations in prison and the specific procedures in Georgia in the Jailhouse Lawyers Handbook.

Where can I get more info?

You can read case updates, case documents, and our press releases about the court’s decision and the filing of the case on our case page.