New York Broome County Lawsuit Brings Hope for the Community: A New York Supremum for a Transgender Prisoner
Steuben County in New York has a similar policy under the settlement. As part of that settlement with Jena Faith, a transgender woman, the county agreed to change its jail policies to house people consistent with their gender identity, to respect an individual’s name and pronoun changes and to provide gender-affirming care.
On Thursday, a settlement was announced. A new policy requires that inmates be housed consistent with their gender identity and access to gender-affirming care. Holland will also receive $160,000 as part of the deal.
Access to medication to treat Holland’s gender dysphoria is considered medically necessary. It has been shown by evidence that trans individuals are able to cope with mental health issues without it.
Holland, now 25, filed the lawsuit in March 2022 with the aid of the New York Civil Liberties Union and the Transgender Legal Defense & Education Fund.
Her experience is one shared by many transgender people incarcerated in the United States. Being forced to stay in prisons and jails that don’t correspond with one’s gender identity puts people of the same sex at a higher risk for assault, discrimination and abuse.
Source: At a time of anti-trans sentiment, a New York lawsuit brings hope for the community
Gender-affirming care for incarcerated trans people is a right, not a privilege: a petition to the state of New York
At least 9 inmates have died at the Broome County Jail since 2011. Activists disagreed with the official number and said at least 11 had died up until that point.
Providing certain medical care and applying grooming standards consistent with a person’s gender identity can be part of gender-affirming care.
Despite a growing level of anti-LGBTQ+ sentiment across the country, the legal defense fund and other advocacy organizations are succeeding in many lawsuits filed on behalf of other incarcerated trans individuals, Medley said.
They have to contend with the changing makeup of courts that can make a decision against them.
It would be difficult to bring about the kind of change we need through individual lawsuits. The New York Civil Liberties Union needs state law to do that.
Larios mentioned that the Gender Identity Respect, Dignity and Safety Act would codify protections from the Holland and Faith settlements into state law.
“No matter what is the reason that a person is incarcerated, we are all human,” she said. “No matter what, we all deserve to be treated with dignity and respect.”
Protests to the Texas Children’s Mental Health Act During the Senate Bill 14 Rehearing Session Ends with a Judge’s Decision
Even before the Texas legislation passed, officials in that state had taken steps to try to prevent transgender children from accessing medical transition care. Last year, Gov. Greg Abbott, a Republican, directed the state’s child protective agency to investigate parents for child abuse if their children received such treatment.
But almost immediately after the judge entered that ruling, the state attorney general’s office announced that it had appealed to the Texas Supreme Court, a step that would prevent the lower court’s injunction from taking effect, at least for now.
Senate Bill 14 was among the most volatile of the Texas legislative sessions, drawing protests from Texans who were associated with the lesbian, gay, bisexual and queer community.
The judge said in a ruling on Friday that people who challenged the law on state constitutional grounds would likely succeed at trial.
The judge wrote that the Act was in direct opposition to the right of parents to make decisions about the care of their children.