DRAPER, Utah, March 12, 2024 (Gephardt Daily) — Utah’s top Department of Corrections official said he was caught off guard by the Department of Justice’s announcement Tuesday that the Utah agency has violated the rights of a transgender inmate.
The DOJ finding report says that, 22 months after entering custody “and after enduring repeated delays and denials of her requests for disability-related care and reasonable modifications, Complainant performed dangerous self-surgery and removed her own testicles.”
The DOJ findings report says the Department of Corrections violated the inmate’s rights by:
- Denying her equal access to healthcare services
- Imposing unnecessary eligibility criteria for assessment and treatment for gender dysphoria that it does not require for other conditions
- Failing to reasonably modify policies, practices, or procedures where necessary to avoid discriminating against Complainant
Utah official’s reaction
Brian Redd, executive director of the Utah Department of Corrections, released the following response:
“Utah Department of Corrections “We have been working to address this complex issue, and were blindsided by today’s public announcement from the Department of Justice.
“We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards.
“We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach.”
Gender dysphoria
The Department of Justice statement says “Gender dysphoria is a serious medical condition experienced by some transgender individuals and is a diagnostic category in the Diagnostic and Statistical Manual of Mental Disorders (the DSM). Gender dysphoria is ‘clinically significant distress or impairment in social, occupational, or other important areas of functioning’ resulting from the incongruence between gender identity and assigned sex.
“Management of gender dysphoria requires medical care and living consistently with one’s gender identity. Left untreated, individuals with gender dysphoria can experience significant adverse health outcomes, including risk of suicide and surgical self-mutilation.”
The DOJ statement says that “A prison controls most aspects of an incarcerated person’s life, including their access to health care and many aspects of their ability to live consistently with their gender identity. Here, based on bias and indifference to her serious health needs, UDOC failed to provide Complainant with equal access to its health care services.
“Utah also failed to make reasonable modifications to its policies to avoid discrimination based on complainant’s gender dysphoria. UDOC’s failures had severe consequences. Complainant’s gender dysphoria worsened during her incarceration at UDOC.”
The DOJ statement says the Utah Department of Corrections “UDOC unnecessarily delayed and restricted Complainant’s access to medical care for gender dysphoria. It conditioned diagnostic assessment for such care on approval by a committee that included members who expressed bias against individuals who are transgender and reluctance to prescribe medically appropriate treatment for gender dysphoria.”
“Because of this committee’s discriminatory views and unnecessarily prolonged approval process, Complainant did not receive health care for her gender dysphoria for more than 15 months after she first requested treatment, despite her submitting multiple follow up requests and grievances. When UDOC finally provided Complainant with hormone therapy, it failed to take basic, necessary steps to ensure that the treatment was provided safely and effectively.”
The inmate failed to receive hormone therapy for which she met the criteria, the statement says. It also noted that, “Unlike other requests for medical care — which are typically routed directly to UDOC medical staff — a request for medical care for gender dysphoria is routed through UDOC’s gender dysphoria committee. UDOC’s gender dysphoria committee is the gatekeeper for care in a protracted, multistep process.”
The gender dysphoria committee includes medical and non-medical staff members, the DOJ statement says, and decides whether the applicant will be referred for diagnosis. A denied request means a one-year wait before another request can be made.
“During Complainant’s incarceration, the committee included members who demonstrated overt bias against the individuals seeking care and expressed reluctance to prescribe medically appropriate treatment, including hormone therapy, for gender dysphoria.”
“Complainant’s access to medically necessary care for her disability was unnecessarily delayed due to UDOC’s biased and prolonged approval process. It took UDOC nine months to provide Complainant with a diagnostic assessment for gender dysphoria and another six
Complainant’s access to medically necessary care for her disability was unnecessarily delayed due to UDOC’s biased and prolonged approval process. It took UDOC nine months to provide Complainant with a diagnostic assessment for gender dysphoria and another six months to prescribe her hormone therapy despite her submitting repeated follow up requests and grievances.”
The DOJ investigation also found that the prison commissary denied the prisoner’s request to buy clothing designed for females, and female grooming and makeup items Complainant then filed ADA requests and grievances explaining that “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 in the form of anxiety, depression.”
In addition, the UDOC denied the inmate’s request to be housed with female inmates.
DOJ findings
“Based on the above factual findings, the Department has determined that UDOC discriminated against Complainant on the basis of her disability. UDOC failed to provide Complainant equal access to health care services, including by imposing unnecessary eligibility criteria for the treatment of her gender dysphoria that is not required for other health conditions. UDOC also failed to reasonably modify its policies, practices, and procedures to avoid discriminating against Complainant based on disability.”
The DOJ said UDOC has violated and continues to violate Title II of the ADA through its discriminatory treatment of Complainant, and to remedy the violations and protect the civil rights of other people with gender dysphoria, UDOC should implement corrective measures.
To do this, it should implement measures to ensure people with gender dysphoria have equal opportunities to participate in UDO programs and services, including health care for medical conditions, access to commissary items, and appropriate housing.
The DOJ said the Complainant should be paid compensation.
“We hope to work together with you to resolve this matter cooperatively through a court-enforceable consent decree that brings UDOC into compliance with the ADA,” the order said. “If we are unable to reach such a resolution, the Attorney General may initiate a lawsuit.”
