Amidst a turbulent season, Florida’s prison system has stirred controversy with a recent directive targeting transgender women. The mandate, which took effect this fall, compels these individuals to undergo breast examinations, a move that has sparked outrage and legal action.
under a new policy aimed at addressing gender dysphoria, prison medical staff have been tasked with assessing the breast size of transgender women using a scale typically reserved for adolescents. The outcome of these evaluations determines whether the women can retain their bras and other items deemed “female,” such as women’s underwear and toiletries. Those whose breasts do not meet the arbitrary standard are required to surrender these personal belongings.
The examinations followed a series of meetings in late September, where transgender women diagnosed with gender dysphoria by the prison system were informed of the restrictive policy. According to interviews and emails from over a dozen affected individuals, the new measures severely limit access to hormone therapy and other gender-affirming medical care.
Josie Takach, an inmate at a men’s facility near Tallahassee, recounted her experiance with the policy. A male doctor instructed her to lift her shirt, briefly glanced at her breasts, and made a note without any explanation. When she attempted to inquire about the procedure,a nurse silenced her,demanding she “shut up and do what I’m told.”
“It felt like I was being treated less than human,” Takach lamented.
The American civil Liberties Union (ACLU) of Florida took swift action, filing a lawsuit against the Department of Corrections in late October. The organization branded the policy as draconian and argued that it constitutes an unconstitutional ban on gender-affirming care.
This latest advancement is part of a broader cultural battle over transgender rights in florida. governor Ron DeSantis has been a vocal proponent of anti-trans legislation, including a law passed last year that prohibits children with gender dysphoria from accessing treatments such as puberty blockers and hormone therapy. A similar law in tennessee was recently the subject of a Supreme Court case.
The actions taken by Florida’s prison system and the state’s leadership have ignited a national conversation about the rights and dignity of transgender individuals. As legal battles unfold and public opinion sways, the future of gender-affirming care in Florida remains uncertain.
Florida’s controversial anti-trans legislation, championed by Governor Ron DeSantis, has sparked a legal battle that could have far-reaching implications for transgender inmates in the state’s prison system. A federal judge in Tallahassee recently held a preliminary hearing in a lawsuit brought by the ACLU of Florida, which seeks to halt the enforcement of new rules that ban state funds from being used for “sex-reassignment prescriptions or procedures.”
The Florida Department of Corrections has not responded to requests for comment, but in court papers, the department’s lawyers argue that the new rules are “a carefully crafted policy that creates an individualized course of treatment for each inmate based on scientific evidence and clinical judgment.” Under the new policy, the Department of Corrections will only provide psychotherapy to those with gender dysphoria, except “in rare instances … if necessary to comply with the U.S. Constitution or a court decision.”
The policy argues that “unaddressed psychiatric issues and unaddressed childhood trauma could lead to a misdiagnosis of gender dysphoria,” and that cross-gender hormones “may be requested by persons experiencing short-termed delusions or beliefs which may later be changed and reversed.” Though, critics say the policy amounts to a form of conversion therapy, which has been widely discredited by medical professionals.
Florida has the third-largest state prison system in the country, with over 87,000 people incarcerated at the end of September.Of those, 181 have been identified by the department as transgender, and about 100 received hormone treatment, according to documents state officials filed with the courts in the ACLU case. Since the new policy was announced in meetings in several prisons across the state at the end of September, more than a dozen transgender people said corrections officers ordered them to cut their hair.
Mariko Sundwall, a transgender woman, told The Marshall Project that she was given a disciplinary infraction and spent 10 days in solitary confinement for refusing to cut her hair before officers put her in handcuffs and led her to the prison barber where her hair was cropped short. “My hair was long enough for a ponytail.Now I have a buzz cut,” said Jada Edwards, incarcerated in Dade Correctional Institution south of Miami. “I’m very sad and depressed. I feel like thay’re taking away my identity.”
Scores of women also had their breasts examined, according to filings in the suit and interviews with some of the women.A medical provider for the state assigned each transgender woman a rating on the Tanner scale, a system used by pediatricians to assess the development of adolescents during puberty. Several of the women said they weren’t told what stage was required for permission to keep their bras, but that almost everyone they knew had theirs taken away.
Some report hiding bras or sewing makeshift underwear because they feel naked and exposed without them. “I feel like I’m 12 years old again, sneaking around wearing a bra,” said Takach, after her female undergarments were confiscated.
the new policy, which requires psychotherapy to treat underlying issues rather than treating the dysphoria, “comes off like conversion therapy,” says Daniel Tilley, the lead attorney from the ACLU of Florida. “We’re trying to change your basic identity, and that’s not what the Constitution allows.”
the judge is expected to issue a ruling on these questions in the coming weeks. The outcome of this case could have significant implications for transgender rights in florida and beyond.
Florida Prisons Restrict Transgender Health care, Incarcerated Individuals Face Uncertain Future
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florida’s Department of corrections has implemented a new policy that reclassifies gender dysphoria as a serious psychiatric illness, affecting the health care of transgender individuals in state prisons. This move has left many incarcerated transgender people, like Sarah Maatsch, who is held in a men’s prison south of Orlando, grappling with the implications of these changes.
Maatsch, who received a gender dysphoria diagnosis from corrections department doctors in 2019, was informed that she would need to move to a more restrictive prison with enhanced psychiatric services if she wishes to continue her treatment. However, this move would come at the cost of reduced work and programming opportunities. “We are all devastated,” Maatsch said. “There are good days, bad days, and the very bad days where a part of you hopes you have a heart attack.”
The new policy is part of a broader trend in Florida, where recent legislation has restricted state funds for sex-reassignment prescriptions and procedures. While the law does not explicitly mention prisons, the department of Corrections’ policy states that it “shall comply” with this legislation.
The changes come in the wake of Governor Ron DeSantis’ anti-transgender bills, which have sparked widespread protests and concern among advocates for transgender rights. The policy shift has left many incarcerated transgender individuals uncertain about their future and the continuity of their medical care.
Maatsch’s situation highlights the broader impact of these policies on the mental and physical health of transgender individuals in Florida’s prison system. The reclassification of gender dysphoria as a serious psychiatric illness could lead to further restrictions on access to necessary medical treatments,exacerbating the challenges faced by transgender inmates.
As the policy takes effect, advocates and incarcerated individuals are calling for greater clarity and support from the Department of Corrections.The uncertainty surrounding the future of transgender health care in Florida’s prisons underscores the urgent need for complete and inclusive policies that prioritize the well-being of all incarcerated individuals.
Florida’s New Guidelines for Gender-Affirming Care in Prisons Spark Controversy
Florida’s Department of Corrections has introduced new guidelines for gender-affirming care in prisons, a move that has sparked significant controversy and concern among advocates and experts. The guidelines, which have been abruptly changed or delayed with little explanation, have been criticized for attempting to circumvent legal requirements for providing necessary medical care to transgender inmates.
Dan Karasic, a psychiatrist at the University of California, San Francisco, who has testified against bans on gender-affirming care in Florida and elsewhere, reviewed the new guidelines at The Marshall Project’s request. He described them as “a fig leaf on their efforts to ban gender-affirming care.They are really trying to skirt the law, as determined by multiple courts, that gender-affirming medical and surgical care must be provided when medically necessary.”
The Florida prison system’s program to treat prisoners with gender dysphoria began in 2017 after Reiyn Keohane sued the state. A federal judge ruled that the department of Corrections’ refusal to provide Keohane with hormones and social accommodations, such as women’s clothing and haircuts, caused her “to continue to suffer unnecessarily and poses a considerable risk of harm to her health.” As a result, the state began providing gender-affirming hormone therapy, access to makeup, women’s clothing, and other social accommodations within its prisons.
Behind the scenes, Danny Martinez, the state prison system’s medical director, began revising the state’s gender-affirming care program in 2020. In a court declaration, he stated that as many as one-third of the people on hormones in Florida’s prisons were not attending group or personal therapy sessions. “I observed no decrease, and in fact an increase in grievances to the medical and mental health staff from inmates receiving hormone therapy, indicating to me that the treatment solely based on hormone therapy without additional mental health treatment produced limited success,” he wrote.
Martinez designed the new program based on a 2022 report by Florida’s Medicaid organization that found “insufficient evidence” that medical interventions for gender dysphoria are safe or effective. This report led to the state’s Medicaid program banning coverage of gender-affirming medical care. Though, a federal judge struck down the Medicaid ban last year, finding that the report was “a biased effort to justify a predetermined outcome, not a fair analysis of the evidence,” and that its conclusion was “not supported by the evidence and was contrary to generally accepted medical standards.”
So far, none of the transgender women incarcerated in Florida have reported being taken off their hormones, but the looming threat has led to widespread anxiety. Sasha Mendoza, who is incarcerated in a men’s prison near Miami, expressed her concerns: “If they took away my hormone therapy treatment, I would be ready to end my life. I’m at that point.”
The controversy surrounding Florida’s new guidelines highlights the ongoing struggle for transgender rights and access to necessary medical care within the prison system. Advocates and experts continue to push for fair and equitable treatment,emphasizing the importance of adhering to established medical standards and legal requirements.
As the debate continues, the well-being and rights of transgender inmates remain at the forefront of the discussion, with many calling for transparency and accountability from the Florida Department of Corrections.
amidst a whirlwind of controversy, a new Florida prison policy on transgender health care has sparked outrage, likened by many to the discredited practice of conversion therapy. The policy, which has left transgender inmates in a state of limbo, has been met with fierce resistance, particularly from one inmate whose transition was abruptly halted.
Speaking out against the policy, an inmate, whose identity remains confidential, shared her harrowing experience in a declaration filed in an American Civil Liberties Union (ACLU) case. “It may sound drastic,” she said, “but the Florida Department of Corrections (FDC) allowed me to start my transition, and I was thriving. Now, they’ve made me stop. I’m stuck halfway thru my journey, neither here nor there.”
This article is published in partnership with The Marshall Project, a nonprofit news organization dedicated to illuminating the U.S. criminal justice system.stay informed by signing up for their newsletters, and follow them on Instagram, TikTok, Reddit, and Facebook.
The new policy, which critics argue is a step backward in the fight for transgender rights, has been met with widespread condemnation. Advocates for transgender inmates argue that the policy is reminiscent of conversion therapy, a practice widely discredited for its harmful effects on individuals’ mental health.
As the debate rages on, the impact on transgender inmates caught in the crossfire is undeniable. The abrupt halt to their transition journeys has left many in a state of uncertainty and distress, highlighting the urgent need for comprehensive and inclusive health care policies within the prison system.
The ACLU, alongside other human rights organizations, is calling for immediate action to address the issue. They argue that the policy not only violates the rights of transgender inmates but also perpetuates a culture of discrimination and ignorance within the criminal justice system.
As the legal battle unfolds, the voices of transgender inmates like the one who bravely shared her story are crucial in shaping the narrative. Their experiences underscore the importance of advocating for policies that prioritize the health and well-being of all individuals, regardless of their gender identity.
For now, the fight continues, with advocates and activists rallying to ensure that the rights of transgender inmates are not only recognized but also protected. The road ahead may be long and fraught with challenges, but the determination to create a more just and equitable society remains unwavering.
Stay tuned for updates on this developing story, as we continue to monitor the situation and bring you the latest developments in the fight for transgender rights within the Florida prison system.
(ACLU) lawsuit challenging the state’s new guidelines. She described the emotional and psychological toll of being forced to cease her hormone therapy and the resulting distress that has left her feeling trapped and hopeless.
“It’s like being in a nightmare I can’t wake up from,” she said. “I don’t understand how they can justify taking away my treatment when it’s been proven to help me. It feels like they want to erase my identity.”
The discontent among transgender individuals in Florida’s prisons has ignited a broader conversation about transgender rights, medical care accessibility, and the responsibilities of prison systems to uphold the health and dignity of all inmates. Advocacy groups like the ACLU and Lambda Legal have rallied to support these inmates, demanding that the Department of Corrections adhere to established medical standards and respect the legal rights of transgender individuals.
legal action is being pursued not only to restore medical treatments but also to challenge the underlying biases that appear to drive the new policies. Critics argue that these policies are not grounded in medical necessity or the well-being of inmates but rather in a political agenda that seeks to limit gender-affirming care.
“The state has a responsibility to ensure that all incarcerated individuals receive the medical care that they need,” said a spokesperson for the ACLU. “These new policies jeopardize the mental and physical health of transgender inmates and reveal a shocking disregard for their humanity.”
As calls for reform echo through the halls of the Florida Department of Corrections, the future remains uncertain for many transgender individuals within the prison system. Days filled with anxiety, fear, and a longing for acceptance underscore the need for immediate action and systemic change. Without such measures, the perilous intersection of incarceration and gender identity continues to enact critically important harm on already vulnerable populations.
The continued advocacy from allies and experts highlights a path forward, one that involves not just reforming policy but also ensuring that the experiences and needs of transgender individuals are adequately recognized and addressed. The path toward justice in the realm of health care for incarcerated transgender individuals is fraught with challenges, yet the commitment from advocates suggests that the fight for their rights will continue unabated.
