A federal court has struck down a Missouri Department of Corrections policy that bars transgender inmates from receiving transition-related health care treatments.
U.S. Magistrate Judge Noelle C. Collins declared the Department of Corrections’ “freeze-frame” policy unconstitutional, finding that it violates the Eighth Amendment’s prohibition on “cruel and unusual punishment” because it denies health care to transgender inmates unless they had previously been receiving treatment prior to their incarceration.
Jessica Hicklin, a transgender woman incarcerated at the Potosi Correctional Center in Mineral Point, Mo., sued over the policy, saying she was denied the right to receive hormones, body hair removal treatments, and access to “gender-affirming” canteen items.
In February, Collins issued a preliminary injunction to stop the prison from enforcing its “freeze-frame” policy and allow Hicklin to access those treatments, which are recommended as medically necessary to help treat Hicklin’s gender dysphoria.
Collins also issued an order permanently barring the Missouri Department of Corrections, and Corizon LLC, its contracted health care provider, from refusing medically necessary treatment like hormones to transgender inmates across the state.
Lambda Legal, which is representing Hicklin in the case, celebrated the court’s decision, noting that it would spare her significant “pain and anguish,” and would also protect other inmates from discrimination.
“To keep life-saving treatment from transgender people suffering needlessly in prison simply because they were not receiving that treatment before they entered the facility is cruel and unlawful,” Demoya Gordon, an attorney with Lambda Legal’s Transgender Rights Project, said in a statement. “This is the first court in the country that we know of to rule specifically that ‘freeze-frame policies’ are unconstitutional, but we are hopeful that other courts will see these discriminatory policies as deliberate indifference to incarcerated transgender people’s serious medical needs and follow suit.”
Hicklin also celebrated the victory, which ensures she’ll be treated according to her gender identity going forward.
“For years, I felt like I had been drowning,” she said in a statement. “But when the first decision came down in February, I could finally breathe knowing I would be able to start an important part of my transition that I had been waiting for desperately. This final decision makes it unquestionably clear that prisons cannot deny transgender people like me life-saving medical care and that MDOC and Corizon must continue to provide the gender dysphoria treatment I need.”
An estimated 100 transgender inmates are missing and presumed dead after an Israeli airstrike flattened part of Iran’s Evin Prison late last month.
Israeli officials described the June 23 strike as "symbolic," according to The New York Times. Foreign Minister Gideon Sa’ar called it retaliation for Iranian missile attacks on civilian targets and framed it as a form of liberation for Iran's political prisoners.
Critics say Israel showed total disregard for the lives and safety of prisoners, launching the strike at noon on a workday when the prison was full of visitors, lawyers, and medical staff.
Delaware Gov. Matt Meyer has signed an executive order protecting transgender individuals from having their medical or personal information shared with out-of-state authorities seeking to prosecute them for obtaining gender-affirming care.
Meyer signed the order last Friday at the CAMP Rehoboth Community Center, surrounded by LGBTQ advocates and activists.
The order prohibits Delaware state agencies from cooperating with out-of-state investigations targeting anyone who provides, receives, or assists others in obtaining legal gender-affirming care, such as hormone therapy or puberty blockers. It also bars agencies from sharing medical records, billing data, or personal information about anyone involved in such care.
A federal judge has blocked the Trump administration from enforcing provisions in a pair of anti-LGBTQ executive orders issued earlier this year that threatened to strip congressionally approved funding from LGBTQ service providers and health centers.
The provisions specifically target LGBTQ and HIV prevention organizations that engage in diversity, equity, and inclusion (DEI) initiatives or that promote so-called "gender ideology" by recognizing transgender identity as valid.
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