A lawsuit has been filed by the US Department of Justice against the state of Utah, alleging a violation of the Americans with Disabilities Act. The lawsuit claims that the state has engaged in discriminatory practices against a transgender inmate.
A lawsuit was filed on Tuesday in federal court in Salt Lake City, alleging that Utah's Department of Corrections failed to offer adequate healthcare services to an inmate. The inmate had requested hormone therapy, housing changes, and access to female clothing items. The agency's denials allegedly resulted in the inmate causing harm to herself.
Utah Prison Sued for Gender-Biased Treatment
The trans woman's requests for reasonable accommodations, such as being able to purchase female clothing and makeup at the commissary, were not granted by state corrections officials, according to The Hill.
In a recent ruling, a federal court recognized gender dysphoria as a protected disability under the ADA. Gender dysphoria is a medical condition that causes significant distress due to a mismatch between a person's gender identity and their assigned sex at birth.
In June, the Supreme Court chose not to intervene, allowing the lower court ruling to remain in place. An investigation conducted by the DOJ into Utah's corrections department recently revealed that the woman's treatment for gender dysphoria had been needlessly delayed by prison officials.
Additionally, the committee responsible for granting access to gender-affirming medical care included members who displayed clear bias against transgender individuals.
According to federal investigators, the woman had been dealing with symptoms of gender dysphoria for a significant period of time before being taken into custody by the department in 2021.
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Utah Trans Woman Performs Self-Surgery After Requests Were Delayed
Unfortunately, her psychological distress only intensified during her time in a men's prison. In May, a woman underwent a self-surgery to remove her own testicles after being denied access to gender-affirming health care for almost two years. The procedure was risky and led to her hospitalization, requiring further surgery.
"The prison's refusal to grant me the chance to live as the woman I truly am, despite having lived this way for many years, has caused me immense mental distress," the woman expressed in her ADA complaint.
She finally received hormone therapy in June, although it took 17 months since her initial request and more than six months after being formally diagnosed with gender dysphoria by the state corrections department's contract psychologist.
In a press release, Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division emphasized the importance of allowing individuals with gender dysphoria to access the same protections under the Americans with Disabilities Act as those with other disabilities.
"Our top priority is to guarantee the well-being and medical needs of all individuals, including those with gender dysphoria, who are detained in our jails and prisons. We are dedicated to creating constitutional conditions within these facilities to ensure their safety."
According to Clarke, it is also mandated by the US Constitution that individuals who are incarcerated receive the necessary medical care and treatment.
The Department of Justice is urging the UDOC to implement a uniform policy of providing suitable treatment and therapy for all inmates, rather than having a distinct policy for individuals with gender dysphoria.
