The Justice Department filed a statement of interest in a federal case involving a transgender prisoner in Georgia seeking gender surgery.
The department argued that the ADA’s exclusion for gender identity disorders does not apply to individuals with gender dysphoria, emphasizing the importance of providing needed medical care for people with gender dysphoria.
The prisoner, housed in solitary confinement, has experienced distress and self-harm due to inadequate care.
The case raises issues of constitutional rights and access to gender-affirming surgery for incarcerated individuals with gender dysphoria.
“People with gender dysphoria should be able to seek the full protections of the American[s] with Disabilities Act, just like other people with disabilities,” Assistant Attorney General Kristen Clarke said.
“We are committed to ensuring constitutional conditions inside our jails and prisons so that those detained inside these facilities, including people with gender dysphoria, can live safely and receive needed medical care,” Clarke added.
“Gender dysphoria does not fall within the GID Exclusion in the ADA,” the Justice Department wrote.
“In addition, the Eighth Amendment prohibits refusing medically necessary gender-affirming surgery to the entire category of incarcerated individuals with gender dysphoria, no matter an individual’s particular circumstances.”
“Because of the inadequate care and exacerbation of her gender dysphoria, Doe has engaged in repeated self-harm, including attempts at suicide and self-castration,” the Justice Department stated.
