Emancipate NC, alongside the ACLU of North Carolina, has filed a motion for a preliminary injunction and requested class certification in a lawsuit challenging a harmful provision of House Bill 805.
Passed in 2025 despite a veto by Josh Stein, the law restricts access to gender-affirming care for incarcerated people unless they face “imminent physical harm”—a medically unsupported standard. As a result, individuals with gender dysphoria have experienced abrupt interruptions in hormone therapy and denial of necessary care.
The motion seeks immediate relief: restoring access to care while the case proceeds and extending protections to all impacted individuals—not just the named plaintiffs.
“Gender-affirming care is life-saving care,” said Elizabeth Simpson. “This law is motivated by cruelty towards some of the most vulnerable people in our state, and it should be enjoined as unconstitutional.”
This case underscores the state’s obligation to provide adequate medical care to those in its custody. Emancipate NC remains committed to challenging laws that harm incarcerated people and advocating for their health, safety, and dignity.