Monday, Jul 15, 2019
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 37 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
 
 
 

 

 

[Valid RSS]

click to go to advertisers website
Back to Section One | Back to Arts & Entertainment
posted Friday, March 30, 2012 - Volume 40 Issue 13
Wisconsin anti-Transgender law struck down
Section One
ALL STORIES
  next story
Wisconsin anti-Transgender law struck down

by Mike Andrew - SGN Staff Writer

The U.S. Supreme Court said on March 26 that it would not hear an appeal brought by the state of Wisconsin to keep a law that prohibits treatment for Transgender prisoners.

In doing so, the justices let stand a ruling by the Seventh Circuit Court of Appeals that Wisconsin's so-called 'Inmate Sex-Change Prevention Act' is unconstitutional.

'There are particular moments in the movement for Transgender equality when we consider it a great victory when a court refuses to hear a case, and today is one of those moments,' said Lambda Legal Transgender rights attorney Dru Levasseur.

Lambda Legal and the ACLU filed suit in 2006 on behalf of several Transgender women in Wisconsin prisons. The women were experiencing severe physical and psychological harm after the medical treatment they had been receiving under prison doctors' care was abruptly cut off after Wisconsin's legislature outlawed treatments for Trans prisoners in 2005.

When Fields v. Smith went to trial, Lambda's medical experts testified about the medical necessity of transition-related care. They were joined by the medical director of the prison who also testified in support of the prisoners.

The U.S. District Court for the Eastern District of Wisconsin then struck down the law as unconstitutional based on both the Eighth Amendment prohibition against cruel and unusual punishment, and on the Equal Protection Clause.

In 2010, Wisconsin appealed the ruling. In August 2011, a three-judge panel of the Seventh Circuit upheld the district court ruling.

'Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture,' the Seventh Circuit Court said.

'Just as the legislature cannot outlaw all effective cancer treatments for prison inmates, it cannot outlaw the only effective treatment for a serious condition' such as gender identity disorder.

Wisconsin then appealed to the U.S. Supreme Court. Its decision not to hear the case means that Wisconsin must provide medically necessary treatments to Transgender prisoners.

While the case centered on hormone treatments, the Wisconsin law that was found unconstitutional also prohibited the use of state funds for sex-reassignment surgery.

'Although the Fields v. Smith case does not mean that all Transgender people in prison now have full access to transition-related care, it does send a clear message that medical care should be left in the hands of doctors, not legislators who may be operating on bias and misinformation about the medical needs of a marginalized population,' Levasseur said in a statement.

In 2011, the Federal Bureau of Prisons agreed to change its policy for treatment of Transgender individuals in federal prisons as part of a settlement in the case of Adams v. Federal Bureau of Prisons et al., filed by National Center for Lesbian Rights and Gay and Lesbian Advocates and Defenders.

The new Bureau of Prisons policy allows federal prisoners access to an evaluation by a doctor, and treatment in accordance with the internationally accepted standards of care issued by the World Professional Association for Transgender Health.

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

NOM plays the race card - Project aims to 'drive a wedge between Gays and blacks'
------------------------------
After Gay Washington teen dies by suicide, OUTLoud tackles cyberbullying
------------------------------
Seattle LGBT Commission: 'It's been a difficult week'
------------------------------
Military academies hold first Gay Pride events
------------------------------
Seattle NOW co-founder Zelda Boulanger dies
------------------------------
Don Paulson, 1933-2012
------------------------------
Happy birthday, ACT UP, wherever you are
------------------------------
Health care reform on trial - High stakes for people with HIV
------------------------------
Seattle rally for Trayvon Martin draws 3,000
------------------------------
Student sues school over Gay prom policy
------------------------------
U.S. Customs to recognize same-sex families
------------------------------
Wisconsin anti-Transgender law struck down
------------------------------
Rick Santorum's choice of saints
------------------------------
Ontario appeals court says sex workers have rights
------------------------------
Albanian Pride sparks Europe-wide controversy
------------------------------
Gay Chilean assault victim dies: Prosecutors to file murder charges
------------------------------
BREAKING NEWS
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
Romney under fire for PAC donation to anti-gay marriage group
------------------------------
How This Gay Social Network Went Mainstream
------------------------------
Gay health center to settle federal inquiry for $715,000 Howard Brown misspent research grants
------------------------------
The 65th annual Mark Twain Awards WINNERS & NOMINEES
------------------------------
Assistant Principal Apologizes for Gay Student Incident
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 

gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml

Seattle Gay News - SGN
1605 12 Ave., Ste. 31
Seattle, WA 98122

Phone 206-324-4297
Fax 206-322-7188

email: sgn2@sgn.org
website suggestions: web@sgn.org

copyright Seattle Gay News - DigitalTeamWorks 2011

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News