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September 6, 2023

ATLANTAA federal judge 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.

The complaint and motion can be found HERE.


The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people.  For more information, visit

The ACLU of Georgia (ACLU-GA) enhances and defends the civil liberties and rights of all Georgians through legal action, legislative and community advocacy, and civic education and engagement. ACLU-GA is an inclusive, nonpartisan, statewide organization powered by our members, donors, and active volunteers.

The Human Rights Campaign (HRC) is America’s largest civil rights organization working to achieve lesbian, gay, bisexual, and transgender equality. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.

O’Melveny’s award-winning pro bono program regularly takes on pressing issues, including LGBTQ+ rights, immigration, housing, women’s rights, education, veterans affairs, racial justice, criminal justice reform, and voting rights. For additional information, visit