The U.S. Department of Justice (DoJ) filed a lawsuit against the State of Utah, including the Utah Department of Corrections (UDOC), alleging violations of the Americans with Disabilities Act (ADA) for discriminating against an incarcerated transgender woman on the basis of her disability, gender dysphoria, a press release stated.
The complaint claims that UDOC failed to provide the complainant equal access to health care services after she repeatedly requested hormone therapy, and also failed to make reasonable modifications to its policies and practices to treat her gender dysphoria. Before filing this lawsuit, the department gave UDOC written notice of its findings and an outline of remedial measures necessary to address them.
As a result of being denied, the prisoner's gender dysphoria worsened during her incarceration at UDOC, according to the complaint. Twenty-two months after entering custody, she performed dangerous self-surgery and removed her own testicles.
"People with gender dysphoria, including those held in jails and prisons, are protected by the Americans with Disabilities Act and are entitled to equal access to medical care just like anyone else with a disability," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division in a statement.
She added, "Delays or refusals to provide medical treatment for people with gender dysphoria can cause irreparable harm, including debilitating distress, depression, attempts at self-treatment and even death by suicide. The Civil Rights Division is committed to protecting the rights of all people with disabilities in our country, including those who experience gender dysphoriaand those rights are not given up at the jailhouse door."
Andrew Davis