The Utah Department of Corrections was criticized on Tuesday for discriminating against a trans woman who the U.S. Department of Justice claimed was driven to hurt herself after being consistently denied testosterone therapy in contravention of the Americans with Disabilities Act.
A federal investigation revealed that the state corrections office “unnecessary obstacles” were imposed to prevent the imprisoned trans person from receiving treatment for severe gender dysphoria. According to the Justice Department report, the person’s emotional problems, which doctors attributed to an incompatibility between her birth sex and her gender identity, significantly worsened while she was incarcerated in a men’s prison.
She underwent a risky self-surgical procedure to remove her own ovaries after nearly two years of fighting for access to hormones and other gender-affirming accommodations.
To protect other incarcerated individuals from harm in the future, the DOJ is now pressing for quick policy adjustments and anti-discrimination education for all Utah correctional officers. The trans criminal, who was not named in the report, will also be required to receive restitution from the state firm. As of Tuesday, the dollar volume had not been set.
The Utah Department of Corrections’ professional director, Brian Redd, refuted the claims and expressed his disappointment with the view of the authorities. He did not specify whether the organization may follow the DOJ’s instructions.
“We have been working on this complex problem and were surprised by the Department of Justice’s news,” Redd said in a statement. “We have even taken actions on our own and as a state to meet the needs of residents while upholding the highest security requirements.”
According to a 2022 federal prosecutor decision, gender dysphoria falls under the ADA’s description of disability, meaning correctional facilities may refuse to provide clinically appropriate care to those who have the condition.
According to Kristen Clarke, assistant attorney general of the DOJ’s Civil Rights Division, “everyone with a disability, including those who are incarcerated, are protected by the ADA, are entitled to reasonable accommodations, equitable access to medical care, and that fundamental right extends to those with gender dysphoria.”
The investigation by the department found that Utah corrections officials had excessively delayed the person’s hormone therapy even as her mental health deteriorated. She had to abide by a committee, which included members with a distinct bias against transgender people, according to Judge Disability Rights Chief Rebecca Bond, who was also required to perform other medical procedures.
Bond criticized the state corrections office in a notice on Tuesday for involving both health and non-medical staff, despite the committee’s only job being to control requests for clinical care. He also referred to the committee as the “gatekeeper” of care.
Federal investigators discovered that they had neglected to follow the laws to ensure the woman’s safety when they finally granted her ask more than 15 months after she initially requested it.
Although taking estrogen increases trans women’s chances of developing a potentially fatal blood clot in their legs or lungs, it can also help them develop some desired physical features like breasts. Researchers at the Endocrine Society, which represents professionals who treat hormone conditions, suggest such treatments require nearby medical care.
Utah jails assign incarcerated individuals to either male or female housing based solely on their gender at birth, which the DOJ determined is based on a physical examination of the individual’s genitals. The girl repeatedly requested to be housed alone or with other women, but the investigation determined that none of those requests had been granted.
Federal investigators claim that the prison, which was surrounded by male prisoners and staff, did not make fair accommodations to protect her. Even as she started developing breasts, the state company forbade her from purchasing bras, cosmetics, and women’s underpants at the canteen, and demanded pat searches from male corrections officers.
In her ADA complaint, she wrote, “The captivity is causing me quite emotional stress by not allowing me this opportunity to live my life as a woman, who I believe I am and have lived as for many years.”
