Things That Matter

This Trans Inmate Was Denied Access To Gender Reassignment Surgery But That Could Change With This Recent Court Ruling

In a surprising turn of events, the 9th US Circuit Court of Appeals ruled last Friday that the state of Idaho must provide gender confirmation surgery for its transgender prison inmates. This upheld the original decision made by the US District Court: that denying inmates the surgery amounted to a violation of the US Constitution. While this is definitely a momentous step forward for trans rights, despite the rise of conservatism in today’s America, the story doesn’t end there. No, that would just be too simple. 

It’s worth knowing the background to the case.

Facebook / Black and Pink

The decision didn’t just appear out of nowhere. The original ruling came as a result of a lawsuit an inmate of Idaho State Correctional Center, Adree Edmo, brought to the Idaho Department of Correction and its medical provider, Corizon, in 2017. Having struggled with her gender identity, attempted suicide and also tried to castrate herself, Edmo contended that the state’s refusal to provide her with the gender confirmation surgery she needs amounts to cruel and unusual punishment. Ultimately, it’s a contravention of her Eighth Amendment rights.

Edmo has been forced to live as a male in an all-male prison.

Instagram / @kneffertiti

Despite the fact that Edmo has been living as a woman for years, she has been housed in a men’s prison during that time, and so far been denied what is clearly needed medical care. “They certainly would treat a prisoner with cancer, they treat a prisoner with diabetes, or other chronic conditions,” Deborah Ferguson, an attorney for Edmo, said in a recent interview. “So, we have a medically recognized condition that’s very treatable and we have been trying to get her the treatment that she very much needs.”

Nevertheless, the state says that it’ll take the case to the US Supreme Court.

Instagram / @governorbradlittle

“The court’s decision is extremely disappointing,” Idaho Governor Brad Little said in response to the decision. “The hardworking taxpayers of Idaho should not be forced to pay for a convicted sex offender’s gender reassignment surgery when it is contrary to the medical opinions of the treating physician and multiple mental health professionals.”

With this verdict, Edmo could be transferred to a women’s prison.

Youtube/ 6 On Your Side

Granted, it would seem that this statement flies in the face of other known facts related to the case. So, let’s clear it all up, now. Firstly, Edmo was diagnosed with gender dysmorphia back in 2012. Considering that she has been living as a woman for years, now, despite the risks this would pose while she is being detained in a men’s prison, would suggest that she is in need of support and treatment. In other words, as the decision determined, Edmo should undergo gender confirmation surgery and be transferred to a women’s detention center afterwards.

The state government doesn’t want to pay for the surgery.

Instagram / @7pmfortune

As far as costs to the state go, that’s a little more complicated. The contract that the state currently has with Corizon sees that necessary medical care is already covered. And, naturally, that contract was paid for with money collected from taxes. But, the contract is also designed to provide for the healthcare of many other prison inmates, too. Because, at the end of the day, imprisonment isn’t designed to violate an individual’s constitutional rights. And you know what? If Little was so concerned about taxpayer dollars, then maybe the state wouldn’t have forked out over $300,000 to fight a procedure that, at most, would cost $30,000.

But wait a minute … Edmo is a sex offender?

Instagram / @projectfluxdance

Yeah. She pled guilty to charges that she sexually abused a 15 year old when Edmo herself was about 22 years of age. The fact of the matter is that, simply because she committed a crime – and a heinous one at that – doesn’t mean that she waives any and all needed medical care. This case is about upholding the tenets around basic human rights.

This court decision could lead to more inmates getting the care they require.

Instagram / @crazyfactorypiercing

Part of the problem with Little’s statement to the media isn’t just that he has provided inaccuracies. It also ties into a larger narrative concerning the LGBTQI community that paints queer people as pedophiles and predators. Recent reports of people posing as gay men on Twitter in an attempt to associate queerness with pedophilia continue to propagate that false narrative. And this isn’t a new thing, either – last year a fake LGBTQI account was set up to promote pedophilia at an Oregon Pride Parade.

Chances are Governor Little is less concerned about the current case, and more worried about the precedent it sets for the future. Currently, five other inmates in the state of Idaho have requested for gender confirmation surgery. As Edmo is set to be the first person to undergo gender confirmation surgery while in custody, her victory may forge a pathway forward for others in a similar position.

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More Anti-Trans Bills Have Been Introduced in 2021 Than Any Year in History

Things That Matter

More Anti-Trans Bills Have Been Introduced in 2021 Than Any Year in History

Trans rights are under siege in over half of the United States this year, as 28 states have proposed one or more anti-trans bills. The bills range from banning trans children from playing on sports teams to prohibiting doctors from giving trans youth life-saving care. 

Despite winning the White House and both houses of Congress, we cannot grow complacent. Now is the time for others from the LGBTQ community and allies to stand up and protect our trans brothers and sisters.

At least 28 states have proposed anti-trans legislation that could severely harm the community.

Less than three months into the new year, Republican lawmakers have already introduced a record number of anti-trans bills across the country.

According to a report published Monday by Axios, at least 73 pieces of legislation have already been put forward in state legislatures targeting members of the transgender community. Of those proposals, 65 specifically single out trans youth, such as bills prohibiting the kinds of medical care doctors can offer trans minors and others seeking to limit the participation of trans student athletes in school sports. 

Notable examples include legislative efforts by South Dakota and Mississippi, both of which passed bills in the past week blocking trans girls from competing in school athletics in accordance with their gender identity. After being approved by their respective Houses and Senates, their governors have vowed to sign them.

These would be the first bills of their kind to become law in the U.S. after numerous attempts to pass anti-trans sports bills in previous years. In 2019, a bill targeting trans student athletes failed in the South Dakota House by just one vote.

LGBTQ+ advocates are warning that the influx of this type of legislation will harm trans and nonbinary youth.

Trans advocates and experts argue that bills like this do not protect young trans people, and recent studies support this. In February, the Center for American Progress (CAP) released a report which argued that banning the trans community from certain sports programs would deprive an entire group of people of the benefits of athletics, including lower risks of depression, anxiety, and drug use. Despite so many states introducing legislation targeting trans youth in sports, the report also found that the argument of an “unfair advantage” does not actually hold up to data-driven scrutiny.

“This has been a significant part of my work at the ACLU for the past six years and I’ve never seen anything like this,” Chase Strangio, deputy director for transgender justice at the ACLU, told CNN. “There have never been this many bills targeting trans youth voted out of committee and then making it to the floor.”

There is widespread opposition to anti-trans bills, and not just from LGBTQ+ civil rights groups. More than 55 major corporations have endorsed a statement against these bills and anti-LGBTQ+ legislation in general; they include Facebook, Pfizer, Microsoft, AT&T, Apple, Dell, American Airlines, and many more. Nearly 550 college athletes have signed a letter to the National Collegiate Athletic Association demanding that championship games be pulled from states that have anti-trans sports laws or are close to enacting them. More than 1,000 child welfare groups have taken a stand against legislation that would keep trans youth out of school sports or deny them health care.

States that enact anti-LGBTQ+ legislation often experience boycotts, as was the case with North Carolina and its anti-trans “bathroom bill” in 2016 and Indiana with its discriminatory religious freedom law in 2015. The former has now been repealed, the latter amended.

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Trans Latina’s Account Of Transphobic Treatment At TSA Goes Viral— ‘Solution was to ask me if I wanted to be scanned as a man’

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Trans Latina’s Account Of Transphobic Treatment At TSA Goes Viral— ‘Solution was to ask me if I wanted to be scanned as a man’

The TSA has long come under fire for its mishandling of minorities. From their treatment and suspicion of certain ethnicities to their mishandling of binary scanning technology, it’s no secret that TSA officers are lacking in awareness when it comes to certain issues. This is particularly true when it comes to nonbinary and trans people. In fact, recently a ProPublica investigation revealed that trans people are often forced to endure invasive searches by the TSA in airports.

In some of the worst cases, trans people have reported being forced to show their genitals to simply fly.

Rose Montoya, an Arizona-based, Hispanic, bisexual, nonbinary trans model recently recalled an experience with TSA that was extremely transphobic.

In the viral TikTok video, which has racked up over three million views, Montoya recalled her experience with airport security and underlined why “we need to change how the scanners function and educate TSA about trans people”.

Speaking about the recent incident, Montaya recalled how “going through the scanner, there’s a male and female scanner for the TSA checkpoint… But going through the scanner, I always have an ‘anomaly’ between my legs that sets off the alarm. So she asked me if I had anything in my pants and I say, ‘No’, so she said, ‘Maybe it’s just the metal buttons on your shorts.’”

“So I went through the scanner again but I set off the alarm again, so I said I am trans woman and to just pat me down,” she explained. “Her solution was to ask me if I wanted to be scanned as a man instead. I didn’t, but I ended up doing it. And my boobs set it off, because of course. So I tried to make a joke out of it and said don’t worry, there’s just a bunch of plastic in there. Then she said we have to pat you down and asked if I would prefer a man to do it. I said absolutely not.”

In an interview with Buzzfeed, Montoya was recently traveling from Phoenix to Los Angeles to visit her boyfriend when she was subjected to humiliation by TSA.

Montoya’s experience sparked a conversation on TikTok and Instagram, where many trans people shared similar experiences with TSA.

a“It’s been proven that the system we have in place is broken and doesn’t work,” she emphasized. “We also need to train people on how to treat trans people. If I tell you I’m a trans woman, it most likely means I want to be scanned as a woman, treated as a woman, and patted down by a woman.”

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