The Department of Justice (DOJ) filed a lawsuit against the state of Utah and its corrections department on Tuesday, claiming they violated the Americans with Disabilities Act (ADA) by discriminating against a transgender woman who is currently in prison.
The Utah Department of Corrections did not provide the woman, who remains unnamed in court papers, with equal access to health care services and created unnecessary obstacles for her treatment of gender dysphoria, As stated in a complaint submitted in Utah district court on Tuesday.
Officials in the corrections department also did not accommodate the woman's requests, such as allowing her to buy female clothing and makeup at the commissary, as mentioned in the DOJ's lawsuit.
According to a federal court ruling in 2022, gender dysphoria, a medical condition characterized by significant distress due to a mismatch between a person's gender identity and their assigned sex at birth, is a protected disability under the ADA. The Supreme Court declined to intervene in the matter in June of 2022, thereby upholding the lower court's decision. Last month, a DOJ investigation into Utah's corrections department revealed that the woman's treatment for gender dysphoria was needlessly delayed
and the committee responsible for granting access to gender-affirming medical care included members who exhibited clear bias against transgender individuals. Federal investigators reported that the woman had been grappling with symptoms of gender dysphoria for many years before being taken into custody by the department in 2021, and her mental anguish intensified while she was imprisoned in a men's facility. After nearly two years in custody without access to gender-affirming health care, the woman resorted to performing a risky self-surgery to remove her own testicles in May, resulting in hospitalization and further surgery.
In her ADA complaint, the woman expressed, “By not allowing me this opportunity to live my life as a woman, who I believe I am and have lived life for many years, the prison is causing me such mental stress.”
She was eventually administered hormone therapy in June, 17 months after requesting it and over six months after the state corrections department's contracted psychologist formally diagnosed her with gender dysphoria.
Kristen Clarke, assistant attorney general of the DOJ's Civil Rights Division, stated in a news release on Tuesday
announcing the department's legal action, “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.” She added, “Delays or denials of medical treatment for individuals with gender dysphoria can cause irreversible harm, including debilitating distress, depression, attempts at self-treatment, and even suicide. A representative of Utah's corrections department mentioned that they are still examining the lawsuit and have not yet decided on a response.
Brian Redd, the head of the department, said last month that the department was surprised by the DOJ's findings and a series of corrective actions that included compensating the woman without specifying the amount.
“We strongly disagree with the DOJ on important matters, and are unhappy with their approach,” Redd said in a statement sent by email.
The Department of Justice (DOJ) filed a lawsuit against the state of Utah and its corrections department on Tuesday for allegedly violating the Americans with Disabilities Act (ADA) by discriminating against a transgender woman who is in prison. The Utah Department of Corrections did not provide the woman, who is not named in court papers, with fair access to healthcare…
“We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach,” Redd said in an emailed statement.
