There is a lot of disagreement over proposed legislation that would involve the Oklahoma prison structure in housing people according to their biological identity by regulating bathrooms and sleeping areas.
House Bill 3022 supporters claim it is a proactive measure intended to accommodate transgender prisoners and shield them from physical attacks. Critics say it’s superfluous, creates logistical problems, and is another assault on the rights of LGBTQ+ Oklahomans.
According to the legislation, authored by Rep. Justin Humphrey, every Department of Corrections bathroom and changing room used by multiple inmates at once must be designated for use by members of just one sex. Additionally, it stipulates that only members of the same sex can use sleeping quarters in DOC-run jails, while county and city inmates would be exempt.
Humphrey, R-Lane, said he’s observed other states, especially California, struggle with housing trans inmates.
Humphrey said politicians need to stay ahead of any potential issues, although he acknowledged that he is not aware of any problems with covering transgender inmates in Oklahoma. That’s what he believes his policy does.
“This bill is intended to prevent a significant population from falsely claiming to be transgender and requesting to be housed in a different facility because they identify as something different,” he said.
Humphrey argued that switching is not as problematic as undergoing a complete transition or being in transition or having gender differences.
“We’re not going to jeopardize our entire system and put other people, especially women, at risk by placing a female in that facility,” Humphrey said.
But Rep. Mauree Turner, D-Oklahoma City, questioned the intentions behind such charges. Oklahoma consistently ranks in the bottom 10 in education and quality of life for people, said Turner, who is nonbinary and uses they/them pronouns. People have to choose between paying rent and having food, they said.
Over the past two sessions, legislators have banned gender-affirming care for minors, female-natural birth certificates, and transgender youths’ participation in women’s sports. Additionally, students are required to use restrooms in schools that align with their biological sex rather than their gender identity.
Turner noted that the state recently learned about the death of nonbinary Owasso youth Nex Benedict. The 16-year-old died by suicide on Feb. 8, shortly after reporting abuse. Benedict’s death prompted a local protest. President Joe Biden urged Americans to stop discrimination and address the issue of transgender and nonbinary youth suicide.
“It’s absurd to cast stones of communal oppression at each other while keeping our hands concealed because we don’t have any power over our elected officials,” Turner said.
They argued that the bill blatantly disregards health transitions and that many trans people are unable to undergo the transition process.
“We continue to witness the effects of transgender Oklahomans and trans Americans being killed and assaulted in real life,” Turner said.
“If we want to protect people in Oklahoma, especially in our prisons, we have real issues that we are facing,” Turner said. “It is reprehensible to force individuals to detransition because they ended up in our prison before they had the tools they needed to survive this condition.”
Kay Thompson, a DOC director, said the agency has had trans individuals in its custody.
Without further legislative parameters, she said the agency has managed the situation well.
“I don’t necessarily feel like this legislation fills a gap that we were missing,” Thompson said. “I believe that we have handled it very well on our own.”
Doctors take special precautions for trans inmates, providing them with additional medical care, ensuring they’re housed properly, and feeling secure in their accommodations, she said.
“We do take all of that into consideration in housing,” Thompson said. “We already work within those kinds of realms to make sure that we keep everyone safe, and we want to ensure that everyone is safe and comfortable.”
Inmates are divided into different housing options based on their biological gender. DOC has not yet had anyone in its custody who has fully transitioned, she said.
Nicole McAfee, executive director of Freedom Oklahoma, which advocates for LGBTQ+ rights, said the legislation is unnecessary. Transgender inmate cases in Oklahoma are handled on an individual basis, they said.
“The logistics of this bill that would require DOC to have birth certificates for every single person that they process just seems so far-fetched,” McAfee said.
They argued that the federal Prison Rape Elimination Act establishes strong standards to ensure that people are housed in a way that does not discriminate against them based on their gender identity.
“I believe this bill would only cause issues if they had to comply with a situation where they had a transgender person in DOC custody,” McAfee said.
The legislation passed the state House along party lines. It is pending Senate consideration.
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