The Utah Prison System, according to the US Department of Justice, violated the Americans with Disabilities Act by treating an imprisoned people differently based on their gender dysphoria.
The Justice Department began its investigation after a trans woman complained that the Utah Department of Corrections had turned down her demands for fair treatment and medical attention in relation to gender distress.
The Civil Rights Division of the Justice Department’s Civil Rights Division in a letter alleged that the department had violated the ADA in three different ways: by prohibiting equal access to health care, by making erroneous adjustments to policies or procedures, and by imposing criteria for gender dysphoria treatment and assessment that are n’t necessary for other conditions.
” We have been working to solve this intricate issue, and were blindsided by yesterday’s public news from the Department of Justice”, Brian Redd, executive chairman of the Utah Department of Corrections, said in a statement released Tuesday. We have even taken steps to meet the needs of residents while upholding the highest safety standards as a position on our own. We necessarily disagree with the Court on important issues, and we are disappointed by their strategy.
The Deseret News ‘ request for an answer from the Utah Department of Corrections was ignored.
The Justice Department claimed that the plaintiff had symptoms of female dysphoria for years prior to entering prison in the fact finding part of the news.
A health care professional hired by the UDOC determined that she complied with the requirements for gender dysphoria care. There was a step-by-step procedure for requesting care.
The complainant received a gender dysphoria clinical assessment in nine months, and UDOC had to recommend her hormone therapy for an additional six months. She repeatedly asked UDOC to grant her care.
The Justice Department wrote that “incarcerated people at UDOC who seek medical care for health conditions other than sex dysphoria are generally not required to follow through an unduly lengthy, successive process.”
The respondent requested female prison-issued clothing, to be assigned to adult housing, and not to be subject to cross-gendered pat searches, according to the Justice Department. She requested these things straight from UDOC and through ADA request varieties. According to the Justice Department, those calls were not considered.
The Justice Department recommended that the UDOC update its policies to ensure that all UDOC companies, including health care, are accessible to people with female distress.
Additionally, the UDOC would need to train employees to ensure ADA compliance and grant federal officers access to data and written status reviews about the change’s application.
The Justice Department wrote,” We sincerely hope to work with you to resolve this issue jointly with you through a court-enforceable consent order that brings UDOC into conformity with the ADA.” ” If we are able to achieve such a solution, the Attorney General may start a lawsuit”.
The Justice Department’s Civil Rights Division’s Assistant U.S. Attorney General, Kristen Clarke, stated in a speech that the department is committed to making sure that people with disabilities are not treated unfairly in prison.
According to Clarke, “everyone with disabilities, including those who are incarcerated, are protected by the ADA, are entitled to reasonable changes, equitable access to medical care, and that basic proper extends to those with female dysphoria,” including those who are incarcerated.
A bill mandating the Department of Corrections or state prison to provide individuals with accommodation based on biological sex was passed by the Utah Legislature during the 2024 legislative program. Gov. The act has not yet been signed by Spencer Cox.
After the department or county prison works a security analysis and reviews health records and process, the bill provides a way for trans people to obtain accommodation that matches their gender identity.
Equality Utah reported that after the bill was passed,” we were successful in changing the legislation to codify best practices from the federal Prison Rape Elimination Act ( “PRA” ) to protect both transgender and non-transgender inmates.” The organization claimed that the bill’s amendments were “favorable.”
