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.”
Gun rights groups are blasting the Trump administration after CNN reported that senior Justice Department officials have been discussing the possibility of restricting transgender U.S. citizens from owning firearms, following the recent mass shooting at a Catholic church in Minneapolis. Although officials described the talks as "preliminary," critics warn that even floating such a proposal scapegoats transgender people and threatens their constitutional rights.
The internal talks appeared to draw on a theory promoted by conservative influencers and media outlets: that transgender people are mentally ill, and that transition-related hormones negatively affect mental health, making them more prone to violence.
U.S. Customs and Border Protection (CBP) has begun enforcing a new rule requiring airlines to ignore any "X" gender markers on passports and instead enter either "M" or "F" for all passengers.
Announced in a July 7 bulletin, CBP said the rule stems from an earlier executive order by former President Donald Trump aimed at eliminating recognition of transgender identities. The directive took effect on July 14, with airlines given 90 days to comply before full enforcement.
Now in effect, the rule has sparked widespread concern over how it will be implemented in practice.
A new survey finds that many LGBTQ Americans -- especially transgender and nonbinary people -- have altered their lives in response to a wave of anti-LGBTQ laws and rhetoric sweeping the country, with many reporting serious harm to their mental health and overall wellbeing.
Conducted from May 29 to June 13 by NORC’s AmeriSpeak panel for the Movement Advancement Project, the online survey polled 1,055 LGBTQ adults nationwide, including 111 who identified as transgender or nonbinary.
Operated by NORC at the University of Chicago, AmeriSpeak is a probability-based panel designed to reflect the U.S. household population. Randomly selected households are contacted through mail, email, phone, or in-person interviews.
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