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Seattle Times, Too

As I previously mentioned, an article in The Seattle Times has also called for Chelsea Manning to receive medical care for her transition if she desires it, but emphasizes the issues of violence and assault faced by trans women in prison:

Chelsea is entitled to constitutional protection from cruel and unusual punishment under the Eighth Amendment. Otherwise, the horrifying reality is that Chelsea may face torture, abuse and rape while incarcerated. The unconscionable prison conditions for many transgender people were captured in the 1994 U.S. Supreme Court case Farmer v. Brennan. The court ruled in favor of a transgender woman named Dee Farmer, who sued the federal government for failing to protect her from assaults and repeated rape, resulting in her contracting HIV while incarcerated in an all-male federal prison.

Since that case, the Prison Rape Elimination Act was passed at the federal level, but it has only just begun to address this ongoing nightmare. A recent California study found that transgender women are 13 times more likely to be raped while incarcerated and more than 200,000 people are sexually assaulted while incarcerated each year. We must demand an end to these dehumanizing conditions.

But do go read the whole thing. It was written by Danielle Askini of Gender Justice League.

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NYC Editorial Board Calls for Manning’s Humane Treatment

This is what I call a Big Fucking Deal: The NYT Editorial Board wrote a piece calling for medical transition care for Private Manning and for other trans prisoners like her, making the important point too that her housing should be safe but not isolated due to the heightened risk of sexual assault in prison for trans people.It begins:

When Chelsea Manning, formerly known as Pfc. Bradley Manning, declared that she wanted to live as a woman, the Army’s response was callous and out of step with medical protocol, stated policies for transgender people in civilian federal prisons and existing court rulings.

and then ends:

Private Manning’s lawyer, David Coombs, said last week that he hoped military prison officials would voluntarily provide hormone treatment, without a lawsuit. It should not take a court order to get officials — including Defense Secretary Chuck Hagel — to do the right thing. They should give Private Manning appropriate medical care and safe but not unduly isolated housing, which should be available for all transgender prisoners.

What is most remarkable to me is that I read and edited a draft by trans activist Danielle Askini of Seattle’s Gender Justice League which will run in tomorrow’s Seattle Times – and its ask and major points are essentially the same as the Times’ letter.

Very, very exciting stuff.

 

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Chelsea (nee Bradley) Manning: Being Trans and in Prison

As many of you know, a photo of the person we know as Bradley Manning presenting as female was released by the Army before she was sentenced. As you also probably know, Manning is to serve 35 years for leaking information. She has now stated that she would like to be known as Chelsea Manning.

What you may not know is how unlikely it is that she will get anything but psychiatric treatment around the trans issues, despite her now stated desire to start receiving hormone treatments:

Ft. Leavenworth spokeswoman Kimberly Lewis told Courthouse News that treatment for transgender inmates does not extend beyond psychiatric care.

“All inmates are considered soldiers and are treated as such with access to mental health professionals, including a psychiatrist, psychologist, social workers and behavioral science noncommissioned officers with experience in addressing the needs of military personnel in pre- and post-trial confinement,” Lewis said in an email. “The Army does not provide hormone therapy or sex-reassignment surgery for gender identity disorder.”

A growing number of federal judges have ruled that rejecting such treatment for transgender prisoners constitutes cruel and unusual punishment.

Indeed, the jurisdiction of the Maryland courtroom where the WikiLeaks source has been tried is subject to a 4th Circuit decision from Jan. 28 this year guaranteeing the possibility of sex-reassignment surgery for all federal inmates in Maryland, Virginia, West Virginia, and North and South Carolina.

The Chicago-based 7th Circuit ruled similarly in 2011, striking down a Wisconsin law banning such medical care. A Boston federal judge granted surgery to a convicted wife-killer last year, and the 1st Circuit is currently mulling that decision on appeal.

Manning, however, is being held in a military prison in Ft. Leavenworth, out of reach for all of these jurisdictions.

It’s too bad she didn’t come out as trans while in the US military long before any of this ever happens, as she would have been dishonorably discharged for it. The repeal of DADT didn’t cover trans people, only gays and lesbians. Still, I’m thankful for what she did & stand with many others in asking President Obama to pardon her.

 

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WI Prison Law & GID

A while back, a federal judge here in Wisconsin ruled that the 2005 Sex Change Prevention Act (really? was that necessary?) was deemed unconstitutional because it represents:

“deliberate indifference to the plaintiffs’ serious medical needs in violation of the Eighth Amendment,” because it denies hormone therapy without regard to those needs or doctors’ judgments.

The U.S. 7th District Court of Appeals upheld his ruling last year, and just this week, the Supreme Court turned it down for review.

Which means, overall, that trans prison inmates in WI, IL, and IN can get medical care for their transition while in prison.

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Suspicious Death in Sydney

A woman named Veronica Baxter died in police custody a year ago. Inquiries into how she died and what the circumstances were surrounding her death have gone unanswered: local activists call it a charade and have reasons to be suspicious, including emergency calls made by Baxter the night of her death, and reports that she was happy and smiling.

The inquiry revealed Baxter made four emergency calls during the night of her death. No witness addressed if those emergency calls had been answered, or by who.

The inquiry also revealed all the psychological assessments made of Baxter before her death said she was not suicidal. One counsellor said she was “smiling, happy and talking”.

I hope they can get some kind of definitive answer, and justice if there was any wrong doing.

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Hormones Are a Right

US District (Federal) Judge Clevert struck down a Wisconsin law prohibiting trans people from receiving drugs in prison.

In Wednesday’s order, Clevert found that the law amounts to “deliberate indifference to the plaintiffs’ serious medical needs in violation of the Eighth Amendment,” because it denies hormone therapy without regard to those needs or doctors’ judgments. He found the law unconstitutional on its face and also in violation of the inmates’ rights to equal protection.

In other words, he made it possible for doctors to decide what is appropriate medical treatment: sanity prevails occasionally.

This is good, good news.

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WI: Hormones Can’t Be Banned for Inmates

At long last, some good news: U.S. District Judge Charles N. Clevert Jr. declared a law banning hormones from transgender inmates unconstitutional. The law was passed in response to an inmate who sued when denied genital surgery:

State law makers passed the Sex Change Prevention Act in 2005 in reaction to the case of a Wisconsin inmate who had been receiving the hormones for years, but sued when the Department of Corrections would not pay for sex-change surgery. Similar challenges were mounted in other states.


What’s interesting to me is that there is no mention of why an inmate might want genital surgery aside from being transgender: inmates are housed based on their genitals. That is, if a transgender woman has been living for 10 years in the female gender, but has not had genital surgery, she can be housed with male inmates.

Amazing how they never mention that in the light of “cruel and unusual.”

I’m not “for” taxpayers paying for surgeries for inmates, either, to be honest, but I am if the law is too dumb to understand and recognize an individual’s right to self-determine his/her gender. The same people who are concerned about taxpayers paying for these surgeries should get behind lightening the requirements to legally change gender identity on ID cards (but they won’t, since their objection is usually not based at all on making the lives of transgender people humane).