On Monday, the federal government submitted a statement to a Georgia court, advising an Atlanta judge that the state should finance a surgery for gender transition for a prisoner.
In a statement of interest, the United States Attorney for the Northern District of Georgia, along with other Department of Justice administrators, actively pushed for the civil rights of a biologically male prisoner, pointing out the need for treatment to alleviate the claimed gender dysphoria.
Gender dysphoria, causing distress due to a misalignment between the assigned gender at birth and the identified gender, was cited as grounds for the prisoner’s request.
The federal authorities argued that the Georgia Department of Corrections’ refusal to provide free transition care to transgender inmates violates the Eighth Amendment of the U.S. Constitution, the federal Rehabilitation Act, and the Americans with Disabilities Act, as per the prisoner’s lawsuit.
The Department of Justice appears to support the lawsuit, contending that gender dysphoria does not fall under any disability exclusion in federal law pertaining to individuals with gender identity disorders not stemming from physical impairments.
Assistant Attorney General Kristen Clarke stated that individuals with gender dysphoria ought to have the opportunity to pursue the complete protections offered by the Americans with Disabilities Act, akin to individuals with other disabilities.
Additionally, Clarke emphasized that the U.S. Constitution mandates incarcerated individuals in jails and prisons to receive essential medical care, services, and treatment for addressing serious medical conditions.
Jane Doe
The 55-year-old prisoner, held in men’s facilities since 1992 with the reason for incarceration undisclosed, is identified as Jane Doe.
An attorney representing the prisoner asserted that Ms. Doe’s conviction history holds no relevance to her case. The filing was made under a pseudonym to shield Ms. Doe from possible retaliation, with the attorney stressing that her conviction history constitutes identifying information.
According to the lawsuit filed by the prisoner, Doe, who has been diagnosed with gender dysphoria since 2015, is currently held in Phillips State Prison.
The lawsuit reads that despite severe and overwhelming gender dysphoria, which involved multiple suicide attempts, two castration attempts, and nearly daily self-harm, the Georgia Department of Corrections has consistently declined to provide treatment for Ms. Doe.
Additionally, Doe accuses Georgia prison officials of exacerbating her gender dysphoria symptoms by withholding necessary care, escalating worries that she might never develop a body that is in line with her gender identity.
According to the report, Doe demands completion of transition surgery and transfer to a women’s institution if she is successful in court. Doe accuses Georgia prison officials of withholding access to hormone treatment and the right to purchase women’s commissary items.
Source: https://www.washingtonexaminer.com/news/2791466/federal-government-pushing-for-georgia-prisoners-demand-for-state-funded-transition/