Supreme Court Rules In Favor of Wisconsin Trans Inmates

[Carolyn Marie]

The U.S. Supreme Court rejected an appeal by the State of Wisconsin to reinstate a 2006 law that prohibited prison doctors from providing HRT and SRS to state inmates. The law had previously been struck down by a Federal Appeals Court. This is a great precedent for trans inmates everywhere.

http://www.businessweek.com/news/2012-03-26/court-rejects-wisconsin-bid-to-ban-transgender-inmate-treatments

I continue to have doubts about the wisdom of providing SRS to inmates, though, unless and until it is routinely provided for in insurance plans.

Carolyn Marie

[VickySGV]

While I am glad the inmates will get their hormones at least, there is another important factor for the general public in this ruling, and that is that the court recognizes the hormones as an effective, proven treatment for the MEDICAL condition of Gender Dysphoria. The treatment is one of medical record and is NOT an ELECTIVE and experimental procedure.

[Guest KimberlyF]

While it annoys me that criminals get free surgery, the US Supreme Court has just agreed with a legal precident that surgery can be a medical necessity.

[Ravin]

It's great news that the 7th Circuit decision stands. This is, however, bad reporting. The Supreme Court did not grant certiorari (i.e., decide hear the case). This does not mean they approve of the decision. It just means they don't care to hear the case.

So this ruling only has effect for prisoners in 7th Circuit jurisdiction (or, depending upon the details, possibly only in Wisconsin). Other courts of appeals could still decide differently and unless and until the Supreme Court actually grants cert in a related case, those rulings will stand as well.

It is a great precedent for the 7th Circuit, though, and if it's the first such case, can be persuasive when similar cases come up before other Courts of Appeals.

[Guest Stormrider2112]

While it annoys me that criminals get free surgery, the US Supreme Court has just agreed with a legal precident that surgery can be a medical necessity.

There was a case in Mass. a few years ago (several of us read the Boston Globe and Boston Herald every day...I work on the southern ME/NH border, and a few Mass. folk work here) where a convicted murderer was diagnosed with GID and was given HRT and razors (rather than electrolysis), so she sued the state to get electrolysis and SRS (got denied, and I agreed, along with a lot of other people). If basic medical insurance will cover something, then I can agree with that, otherwise, it's still "elective" to some extent. However, it would rock if it gets ruled that SRS should be covered as any other surgical treatment. Obviously, some of us need SRS more than others, depending on the level of dysphoria.

I would feel bad for anyone who got SRS a few hours before that ruling, though However, if we can finally get everything taken off the "experimental" list, it's win/win.

[Bulldog1948]

This case is of particular importance . And, even though the Supreme Court decided not to hear it, they did allow the 7th US Circuit Ct. of Appeals stand and thus this created a very important legal precedent.

What else is very interesting is that the Circuit Court is not as consevative as the Presidents who appointed them, expected them to be. This is a run down of appointees: Ronald Reagan-4, GHW Bush-1,Clinton-2, GW Bush-2 and Obama-1. As you can see, this was stacked to be very conservative.

The 7th US Circuit Court of Appeals encompasses the following US Federal District Courts and rules over them : Central District of Illinios, Northern District of Illinos,Southern District of Illinois the Northern District of Indiana,the Southern District of Indiana, Eastern District of Indiana , the Eastern District of Wisconsin and the Western District of Wisconsin.

The other US Court of Appeals are not legally bound to follow the 7th US Appealate decision, but they will oftentimes use parts of that decision to equate their Appealate decision.

Now, having worked with transgendered inmates I personally feel this this was quite a victory for them. But, not only for them but also other inmates who are incarcerated within the State and Federal systems. Because when inmate cases are filed, they feed off of various court decisions [ it's like building a puzzle and can be very complex].

The majority of trans inmates who file for relief are long term inmates who will be excluded from decent and humane care for many years. Some of them were on various hormone level programs before they went to prison. But, once inside they were denied their basic fundemental right of medical care. They fall into either the MTF or FTM sprectem which are not totally inclusive of each other; but yet they are. The MTF needs the hormones to have breast developement. Plus, there is the bigger issue of penis and scrotum removal and construction of female privates. To the MTFs' reading this you know what I am saying. But, at least you are living in the "Free World" where you have access to decent medical care.

On the flip side, the FTM seeks testosterone for masculinazation purposes. And, the other big issues is removal of their breasts. They are not that concerned about bottom surgery and are very happy to have the hormones and breasts removed.

Two major issues are self-multilization. MTF cut off privates with a razor blade,shank or anything that they can cut with. The prison's false argrument is that they can't allow surgery because it would disrupt their prison, but yet they can and do allow MTF inmates to be raped and beaten. The best solution is to allow SRS under proper surgical procedures done by certified surgeon and then transfer said inmate to a female prison.

FTM inmates are not as bad as their counterparts, they usually do not cut their breasts unless they are totally desperate. They will settle for testosterone and then push for breast removal.

The only thing that I ask is to place yourself in a brutal and enclosed area; into an 8x10 cell with no hope of being released for years, but you desparately need your hormones in order to survive and remain sane- what would you do. I know your first thought; well I would never committ a crime and be locked up. That's an excellent point. But, there are others who end up in prison for various reasons; killing someone who threatened and or tried to kill them, selling drugs in order to pay for hormones and SRS, embellizing, bad checks, you name it and some TS has become a victem. So, the best thing that anyone can ever do is stay clean, do not committ any crimes and thus you will not become incarcerated; you will be free to buy your hormones and SRS.

Mike