Published on April 4, 2024, 12:39 am

In a landmark lawsuit, President Joe Biden’s Justice Department has accused the state of Utah and its Department of Corrections of violating the Americans with Disabilities Act. The legal action is based on allegations that they failed to provide hormones for a prisoner who was struggling with gender dysphoria.

The prisoner in question identifies as a transgender woman and reportedly made requests to purchase women’s clothing and personal items such as female underwear and makeup from the commissary. Further, she expressed desires to be housed with female prisoners. However, these claims were denied by the Utah Department of Corrections, who base their prison accommodation assignments on sex at commitment wherein a visual assessment of genitals occurs.

According to the Justice Department, this refusal caused detrimental harm as it led to exacerbated gender dysphoria in this individual. Notably, twenty-two months following incarceration, the trans-identifying prisoner undertook dangerous self-surgery that involved removal of her testicles.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division argues that individuals living with gender dysphoria are protected by the Americans with Disabilities Act. This means they are entitled to equal access to medical care just like anyone else with a disability—discrimination thereof can cause irreparable harm such as distress, depression or even suicide. The statement emphasizes that such rights do not diminish upon entering custody.

The department also alleges that Utah’s prison system discriminates disproportionally against people experiencing gender dysphoria via its medical treatment policies for different conditions. Specifically criticized is what’s labelled “unnecessary eligibility criteria” for assessment and treatment for gender dysphoria which doesn’t apply for other health issues.

A man identifying as a transgender woman within Utah Department of Corrections’ system would prompt an evaluation by mental health staff whose findings would then determine whether referral for diagnostic evaluation occurred or not—these findings are decided by their internal gender dysphoria committee.

However resistant attitudes among committee members have been pointed out. There seems to be a rooted bias against individuals seeking gender dysphoria care, with reluctance towards prescribing hormones for this condition. Furthermore, it is alleged that even after permission for hormonal medication commencement was given, the attending doctor failed to provide due diligence by not conducting essential safety checks such as routine laboratory testing.

In response to these controversies, the Justice Department urges Utah’s prison system to adopt new policies related to medical services provision for gender dysphoria and ensure equal access to its programs and activities across the board. Despite this call to action, Executive Director of Utah Department of Corrections Brian Redd expressed disappointment with their approach, labeling key issues of contention while pledging steps towards candidate needs’ consideration and security standards maintenance.

Such developments underline how palpable it has become for trusted news outlets to make real news available from a Christian worldview in order to shed light on challenges faced by transgender prison populations across our nation.