WASHINGTON - The U.S. Department of Justice has initiated legal action against the Utah Department of Corrections (UDOC), alleging discrimination against a transgender woman with gender dysphoria, in violation of the Americans with Disabilities Act (ADA). The lawsuit, filed today, accuses UDOC of denying the inmate equal access to health care services and reasonable policy modifications.
Gender dysphoria, recognized as a serious medical condition, is characterized by significant psychological distress due to a mismatch between an individual's assigned sex at birth and their gender identity. Without appropriate treatment, adverse mental health effects, including severe distress, depression, self-harm, and potential suicide, may occur.
Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division emphasized that individuals with gender dysphoria are entitled to the same medical care as those with any other disability, stating, "Delays or refusals to provide medical treatment for people with gender dysphoria can cause irreparable harm. The Civil Rights Division is committed to protecting the rights of all people with disabilities in our country, including those who experience gender dysphoria – and those rights are not given up at the jailhouse door.”
The complaint details that UDOC imposed undue treatment barriers for inmates with gender dysphoria, unlike for other health conditions, and delayed the complainant's hormone therapy. It also alleges that UDOC did not accommodate requests for modifications such as access to female clothing and personal items, changes to pat search policies, and proper consideration of housing requests to prevent discrimination based on gender dysphoria. The complainant's condition reportedly worsened during her incarceration, leading to self-surgery after 22 months in custody.
This lawsuit is a part of the Justice Department's wider efforts to address discrimination against individuals with gender dysphoria. These efforts have included clarifying that gender dysphoria can be a disability covered under the ADA and challenging legislation that restricts medical care for transgender minors with diagnosed gender dysphoria.
The case is being handled by the Civil Rights Division's Disability Rights Section, in partnership with the U.S. Attorney’s Office for the District of Utah. This information is based on a press release statement from the Department of Justice.
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