Supreme Court Lets Stand Ruling That Sides with Transgender Inmates

By Richey, Warren | The Christian Science Monitor, March 26, 2012 | Go to article overview

Supreme Court Lets Stand Ruling That Sides with Transgender Inmates


Richey, Warren, The Christian Science Monitor


A Wisconsin law barring state funding for hormone treatments or sex-change operations for transgender prisoners was struck down, a ruling upheld on appeal. The Supreme Court declined the case.

The US Supreme Court declined Monday to take up a case examining whether transgender prison inmates enjoy a constitutional right to government-funded sex change operations and hormone therapy.

The action leaves undisturbed a federal appeals court decision siding with transgender inmates in Wisconsin.

Concerned about the use of state funding for ongoing hormone treatments that help certain male inmates look more female, lawmakers in Wisconsin passed the Inmate Sex Change Prevention Act. The law barred the use of any state funds for hormone treatments and/ or sexual reassignment surgery.

Three Wisconsin inmates filed a class-action lawsuit. After a trial a federal judge struck down the 2006 law as a violation of the Eighth Amendment's ban on cruel and unusual punishment. A panel of the Chicago-based Seventh US Circuit Court of Appeals agreed.

The appeals court noted that the Eighth Amendment requires state governments to provide medically-necessary treatment to inmates in their prison populations.

Prior to passage of the Inmate Sex Change Prevention Act, medical personnel in the Wisconsin prison system had determined that hormone therapy was medically necessary for the three inmates. As a consequence of the new law, this treatment was discontinued.

The appeals court did not rule that prison officials are required to provide hormone therapy or sex change operations, only that such treatments must be available to inmates if the prison's own medical personnel determine they are medically necessary.

"Surely, had the Wisconsin legislature passed a law that [Department of Corrections] inmates with cancer must be treated only with therapy and pain killers, this court would have no trouble concluding that the law was unconstitutional," the Seventh Circuit said. "Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture," the appeals court said.

Prison officials had expressed concern that providing hormone treatments that would help certain inmates in an all-male prison appear physically more like a woman might make that inmate a more likely target for sexual assault in prison. Men who receive female hormone treatments develop breasts and experience a redistribution of body fat.

The appeals court dismissed that concern, noting that transgender inmates already face a substantial risk of such assaults.

In her brief to the court, Assistant Wisconsin Attorney General Jody Schmelzer had asked the high court to determine whether the Eighth Amendment requires state prisons to treat "gender identity disorder" (GID) with hormone therapy.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Supreme Court Lets Stand Ruling That Sides with Transgender Inmates
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.