The U.S. Department of Justice (DOJ) filed a lawsuit against Utah accusing the state of discriminating against a transgender inmate due to requests for hormone therapy being delayed and the inmate being unable to purchase women’s clothing or be moved to a women’s facility.
The complaint accuses the Utah Department of Corrections of violating the Americans with Disabilities Act (ADA) by not providing an inmate with hormone therapy in a timely fashion, according to a report by Axios.
In 2022, a federal judge ruled that gender dysphoria is covered under the ADA.
The DOJ reportedly investigated the corrections department and concluded that the inmate in question had been driven to remove his testicles through a “dangerous self-surgery” last year, after multiple delays and denials of requests.
Utah Department of Corrections executive director Brian Redd responded to the allegations saying he was “blindsided” by the DOJ’s findings, as well as disappointed with the department’s approach to the investigation.
“We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards,” Redd said.
The inmate, who has been incarcerated since July 2021, waited more than 17 months before receiving hormone therapy in January 2023 for gender dysphoria, the lawsuit claims.
Additionally, the inmate was denied accommodation requests that included buying women’s clothing and products from the commissary, modified pat searches, and moving to facilities for women, the complaint adds.
The lawsuit also alleges that grievances and appeals associated with the ADA requests were “virtually all” denied by the corrections department, even after a contract psychologist diagnosed the inmate with gender dysphoria.
“Complainant’s access to care for her gender dysphoria was contingent on a biased and unnecessarily prolonged approval process,” attorneys said in the lawsuit.
The complaint also noted that the Utah Department of Corrections has a “separate policy” and committee for inmates who make requests involving gender dysphoria, and that there aren’t separate processes for other medical conditions.
The DOJ is now reportedly calling on the Utah Department of Corrections to change its policies and put corrections staff through additional training on gender dysphoria.
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