A lawsuit has been filed in North Carolina challenging a ban on gender-affirming care for incarcerated people.

The ban is part of House Bill 805, which was passed by the legislature in 2025 despite a veto from Gov. Josh Stein. The law includes other provisions targeting transgender people. The lawsuit was filed by the ACLU of North Carolina and Emancipate NC.

Jaclyn Maffetore, senior staff attorney for the ACLU of North Carolina, said the state is responsible for people in custody.

"Prisons have a constitutional obligation to provide everybody that they choose to punish by incarceration with all medically necessary health care," Maffetore pointed out. "Failing to do so is a violation of the Eighth Amendment's prohibition against cruel and unusual punishment."

The groups have also filed a class action claim and are currently representing five plaintiffs. If approved, the class will include current and future people in Department of Adult Corrections custody who have gender dysphoria and have been prescribed gender-affirming care. Supporters of the provisions in the bill said they are necessary for defending women in the state.

Maffetore warned there are destructive consequences for people who do not receive the care they need.

"Failing to provide someone who's suffering with gender dysphoria with the gender-affirming care that they need, whether that be hormone therapy or surgical care, can lead to depression, anxiety, a worsening of their gender dysphoria symptoms and in many cases, leads to self-harm, suicidal ideation and completed suicide," Maffetore explained.

She also noted people behind bars are being denied care they could receive outside of prison.

"A trans person who's incarcerated being denied that same respect of their humanity and of their medical needs," Maffetore contended. "That's a deprivation of basic human dignity and autonomy."