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US court rules in favour of trans prison inmate

Rachel Badham December 21, 2020

A court in Wisconsin, US has ordered the state to stop withholding gender-affirming medical treatment to a trans woman held in a male prison facility, during national debates over the rights of trans prison inmates. According to the Milwaukee Journal Sentinel, 49-year-old Nicole Campbell, who began her sentence 13 years ago and is currently held at Racine Correctional Institute in Sturtevant, was given a diagnosis of gender dysphoria before her incarceration, but has been denied transitional surgery after years of requests. 

Judge James Peterson ruled that denying Campbell surgery was unconstitutional, saying:  “Campbell continues to suffer from gender dysphoria, which causes her anguish and puts her at risk of self-harm or suicide. Monetary damages, even if they were available, would not alleviate her suffering…Defendants have identified no practical impediment to providing sex reassignment surgery to Campbell. The surgery is no more expensive or difficult than other treatment that the DOC routinely provides.”

He also highlighted the need to improve the wellbeing of prison inmates: “Some members of the public are outraged at any effort to improve the health and well being of inmates. But the true public interest lies in alleviating needless suffering by those who are dependent on the government for their care.” 2020 has seen national discussions around the rights of trans prison inmates in the US. Last month, Ashley Diamond, a 42-year-old black trans woman, filed her second lawsuit against the Georgia Department of Corrections for being sexually assaulted multiple times after being placed in a male prison. Another trans woman, Reiyn Keohane, lost her case against Florida, which she sued after being denied access to gender-affirming clothing and grooming products while in prison.

However, positive developments include California governor, Gavin Newsom, signing a bill to ensure trans prison inmates will be housed according to their self-identified gender. Similar laws protecting trans inmates exist in Rhode Island, New York City and Massachusetts, however no other US jurisdictions have such rulings.

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