Democratic Sens. Kim Jackson, left, and Elena Parent watch votes come in for the Senate’s gender-affirming care ban for inmates. Jackson opposed the bill and Parent voted for it. Ross Williams/Georgia Recorder
A bill banning gender-affirming treatments for inmates in state custody passed the Georgia Senate Monday.
Senate Bill 185’s sponsor, Cataula Republican Sen. Randy Robertson, said there are three lawsuits ongoing from inmates seeking gender-affirming care and he wants to nip the issue in the bud.
“When you see the tsunami coming, a lot of people wait until it’s at the shore, to start sandbagging and evacuating everybody and doing what you need to do,” he said. “I think if you look at the temperature that not only are we experiencing here in the United States, and obviously by these three lawsuits, people are attempting to do this, and it is the responsibility of this body and the body across the way to make sure we are prepared for what comes down the road, because as someone who understands crisis management and other things, you don’t wait.”
The bill passed with some bipartisan support, with several Democrats joining all Republicans voting in favor of the bill, and others simply not voting. Sens. Sonya Halpert, Ed Harbison and Elena Parent crossed party lines to support the bill, while Sens. Tonya Anderson, Jason Esteves, Randal Mangham and Nikki Merritt did not vote.
Roswell Republican Sen. John Albers gleefully pointed out the disunity among the Democrats.
“Let’s be honest, you as Democrats, in your own caucus are divided on this issue,” he said. “Throughout the last several votes, some of you voted with us, and others took a walk and did not vote at all. The overwhelming number of Georgians and Americans, both Republicans and Democrats, support this bill and the others. Candidly, if you vote against this bill, you are politically tone deaf.”
Parent proposed an amendment that would have allowed some inmates to continue taking hormones they had already been taking.
“I don’t believe that taxpayers should be responsible for funding the surgeries outlined in lines 68-69 and 71-72, including gender affirming surgeries, cosmetic procedures, or prosthetics,” Parent said. “But on the other hand, I believe that denying transgender prisoners access to gender affirming hormones that they are already taking, and in some cases may have been taking for years, is cruel and unnecessary.”
The Senate voted down the amendment.
Halpern characterized the bill as a distraction.
“Not one tax dollar in Georgia has ever been spent on sex change surgeries for inmates, so let’s not pretend this is about fiscal responsibility,” she said. “This bill simply makes explicit what is already the practice in Georgia, and yet here we are debating this as if it were some looming crisis, as if Georgia’s prisons were on the verge of becoming gender-affirming care centers at the taxpayer’s expense. Let me be clear, that is not the reality here in Georgia.”
“But I am also a pragmatist,” she added, “and the simple truth is that I cannot in good conscience support taxpayer-funded medical procedures for prisoners that we do not provide to law-abiding citizens who are struggling every day to afford basic health care.”
Democrats who opposed the bill characterized it as cruel and unconstitutional.
“I know good and well that public polling does not support gender-affirming care for people who are incarcerated,” said Stone Mountain Democratic Sen. Kim Jackson. “But I am keenly aware of our history, a history in which public opinion has often not been on the right side of justice, a history in which public polling has often sided with the majority and further isolated and forsaken the minority. I know this is not politically popular, but I stand here today urging my colleagues to vote no on this bill, to vote no as a sign of your commitment to humanity. Vote no for dignity. Colleagues, I beg you, do not let public polling persuade you to do something that you know in your heart is fundamentally unconstitutional, and quite frankly, is downright immoral.”
Sen. Josh McLaurin, a Sandy Springs Democrat, said the bill could be seen as a violation of the Eighth Amendment of the Constitution.
“The Eighth Amendment being the one that says no cruel and unusual punishment,” he said. “I.e. you can’t deny medical care while you’re incarcerated because you don’t have the means to go get your own care. You’re stuck. So the state has to provide your health care. And the study committee in question was the safety and welfare of all individuals in the Georgia Department of Corrections. And yet, this bill just exempts medical care from one group of those individuals.”
Robertson said he welcomes prospective lawsuits.
“People came to the committee and said this will open up more opportunity for individuals to sue, and my response to that is I’m fine with that,” he said. “Every piece of legislation that comes out of this building is subject to being challenged in court. We say it many times, you can write the best piece of legislation you want, but until it is evaluated and pressure-tested by a man or woman wearing a black robe, then you really don’t know how good the legislation is.”
The Senate separately passed a bill Monday banning puberty blocking medications for minors.
The Senate has previously passed anti-transgender bills including bills to ban gender-affirming treatments from transgender state employees and their children on the state health care plan and to keep transgender girls off girls’ school sports teams. The House has passed its own transgender sports ban. The bills have until April 4 to make it to the governor’s desk.
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