A proposed legislation that would regulate the bathroom and sleeping areas of Oklahoma’s prison system and require it to house people based on their biological gender is the subject of considerable disagreement.
House Bill 3022 supporters claim it is a proactive measure intended to protect transgender prisoners and shield them from physical attacks. Critics say it’s unwarranted, creates logistical problems, and is another assault on the rights of LGBTQ+ Oklahomans.
Rep. Justin Humphrey’s legislation mandates that members of the same sex be allowed to use each Department of Corrections room and changing area at the same time. Additionally, it stipulates that only members of the same sex can use sleeping quarters in DOC-run prisons. County and city prisons would be exempt.
Humphrey, R-Lane, said he’s observed different states, especially California, struggle with housing transgender inmates.
Humphrey said politicians need to anticipate any potential problems, despite acknowledging that he is unaware of any issues with accommodating transgender prisoners in Oklahoma. That’s what he believes his regulations do.
“This bill is intended to prevent a significant population from today claiming to be transgender and claiming to be housed in a unique service because they identify as things various,” he said.
Humphrey claimed that it is less of a problem if someone has completely transitioned or is transitioning at the same rate or has sex differences.
“We’re not going to damage our entire system and put other people in harm, especially women in harm, by putting a female in that facility,” Humphrey said.
But Rep. Mauree Turner, D-Oklahoma City, said they question what politicians are doing when they see expenses like this. Oklahoma is consistently ranked in the middle 10 in training and quality of life for people, said Turner, who is nonbinary and uses they/them pronouns. People have to choose between paying for books and having, they said.
Over the past two legislative sessions, Oklahoma lawmakers have focused on trans rights.
Over the past two sessions, legislators have banned sex-affirming care for minors, female-natural birth certificates, and trans youth’s participation in women’s sports. Additionally, students are required to use bathrooms in schools that reflect their sex rather than their gender identity.
Turner claimed that the state recently heard about the death of nonbinary Owasso youth Nex Benedict. The 16-year-old died by suicide on Feb. 8, a moment after reporting abuse. Benedict’s death drew national attention. Joe Biden, the president, urged Americans to stop discrimination and address the issue of transgender and nonbinary youth suicide.
“It is strange how we continue to throw stones of societal persecution and hide our hands in order to avoid having any state control over our appointed positions,” Turner said.
They claimed that the act flagrantly disregards health transitions and that many trans people are unable to transition.
According to Turner, Oklahomans continue to witness the effects of transgender Americans and Receiving being killed in real life and being assaulted.
“If we want to defend people in Oklahoma in our prison especially, we have real problems that we are facing,” Turner said. It is definitely abhorrent to force Receiving to detransition because they ended up in our prison before they ended up with the tools they needed to survive this condition.
Kay Thompson, a DOC director, said the company does house trans individuals.
Without setting any more parliamentary parameters, she claimed the agency handled the situation really well.
“I don’t necessarily feel like this legislation fills a gap that we were missing,” Thompson said. “I believe we handled it very well on our own,” she said.
Doctors take special precautions for trans inmates, giving them more medical care, ensuring they’re housed properly, and feeling secure in their cover, she said.
“We do take all of that into great consideration in housing,” Thompson said. We currently work within those types of domains to make sure that we keep everyone safe because we want to make sure that everyone is safe and comfortable.
Residents are divided into different housing options based on their biological sex. Doctors has not yet had someone come into their guardianship who has thoroughly transitioned, she said.
Nicole McAfee, senior director of Freedom Oklahoma, which advocates for LGBTQ+ rights, said the policy is unnecessary. Transgender inmate circumstances in Oklahoma are handled individually, according to them.
According to McAfee, who uses the she/they pronouns, “the transportation of this bill that may require Doctors to include birth certificates for every single individual that they process just seems so far-fetched.”
They claimed that the federal Prison Rape Elimination Act establishes strong standards to make sure that people are being housed in a way that doesn’t discriminate against them based on their gender identity.
According to McAfee,” I think this act had just cause issues if they had to comply with a situation where they had a transgender person in DOC custody.”
The legislation passed the state House in accordance with the parties. The Senate will consider it.
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