State argues for law against prison hormone treatments

[Butterfly]

State argues for law against prison hormone treatments
By Bruce Vielmetti
07 February, 2011


http://www.jsonline.com/news/wisconsin/115536444.html


An attorney for the state argued Monday that a federal judge erred when he ruled last year that a law banning transgender Wisconsin inmates from getting hormone therapy was unconstitutional.

But a three-judge panel of the U.S. 7th Circuit Court of Appeals did not appear too receptive to the state's position, peppering the state's lawyer with tough questions and skeptical observations.

In April, U.S. District Judge Charles Clevert found the state's 2005 "Sex Change Prevention Act" unconstitutional. He found that the law amounts to "deliberate indifference to the plaintiffs' serious medical needs in violation of the Eighth Amendment" because it denies hormone therapy without regard to those needs or doctors' judgments.

[TheAetherealMeadow]

Having the right hormones for your gender is a medical right, not a priviledge. If they're gonna deny HRT to trans prisoners then they may as well give anti androgens/estrogens to cis prisoners if having the right hormones is supposedly a privilege.

ETA: to debunk the "well they're bad people so they don't deserve it" argument, it doesn't matter because medical treatment is a human right, and not only that, but the court system isn't perfect and some innocent people end up in prison, and also some things that the law considers crimes like drug possession or being a political prisoner don't make you a bad person per se.

[Pinkfluff]

Denying needed medical care (including hormone treatment) is most definitely cruel and unusual punishment. I'm glad there are at least a few judges out there who understand that.

[tekla]

If you have a real bad heat condition and need a transplant, and your in jail, you're going to die.  They are not going to provide it for you. 

Arguing 'rights' for a population that is told what to do right down to when they can take a dump or pee is a pretty hard argument.  You give up your rights when you go to jail.  Or, they are taken from you with the consent of society.

I spend lot of years teaching in jails.  For the most part, most of the people I met there, I'm glad they are there.  If you meet them, you would be too.