NCJ Number
243295
Journal
Health Matrix: Journal of Law Medicine Volume: 22 Issue: 1 Dated: 2012 Pages: 227-272
Date Published
2012
Length
46 pages
Annotation
This paper examines the current levels of protections and treatment provided to transsexual inmates.
Abstract
As noted in this paper, transsexuals are "transgender individuals who feel that their physical sex is so divergent from their mental gender that they want to make the physical alterations to align their sex with their gender." This paper examines the current levels of health care, both mental and medical, offered to transsexual inmates and suggests that offering treatments beyond those that only meet the minimal level of care is not required under the Eighth Amendment. The author argues the following: 1) the current standard for adequate medical care for transsexual inmates requires only the provision of sex-appropriate hormone therapies for those inmates that need them; 2) sexual reassignment surgery, in most cases, is beyond the minimum threshold of care and therefore does not violate the Eighth Amendment; and 3) prisons must provide housing for transsexual inmates that guarantees their safety and allows for the proper administration of adequate health care. The author presents his arguments by first discussing the general background information concerning transsexualism and the problems faced by these individuals in the United States. The next section of the paper examines case law dealing with the treatment of transsexual individuals. The third section of the paper examines the Eighth Amendment protections for inmate health care as well as case law demonstrating problems with current corrections policies regarding the treatment of transsexual inmates. The final section of the paper presents a proposed changes to current prison policies that are aimed at balancing the respective constitutional rights and duties of both inmates and prison officials.