Feds Say Georgia’s Treatment of Transgender Prisoners Is Unconstitutional

Ashley Diamond before entering prisonPhoto courtesy of the Southern Poverty Law Center

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For three years, the Georgia Department of Corrections allegedly has denied transgender inmate Ashley Diamond medical treatment for gender dysphoria, causing her such distress that she has attempted on multiple occasions to castrate herself, cut off her penis, and kill herself. In February, Diamond filed a lawsuit against GDC officials, and on Friday the Department of Justice dealt the GDC a major blow, claiming that the state’s failure to adequately treat inmates with gender dysphoria “constitutes cruel and unusual punishment under the Eighth Amendment.”

The DOJ weighed in on Diamond’s case via a statement of interest, which offers recommendations for how the district court in Georgia should rule in the case. It focused on Georgia’s so-called freeze-frame policy, which prevents inmates from receiving hormone therapy for gender dysphoria if they were not identified as transgender and referred for treatment immediately during the prison intake process. “Freeze-frame policies and other policies that apply blanket prohibitions to such treatment are facially unconstitutional because they fail to provide individualized assessment and treatment of a serious medical need,” DOJ officials wrote, adding that similar policies have been previously struck down in Wisconsin and New York.

Chinyere Ezie, Diamond’s lead attorney, says the defense has until next Friday to submit briefs in response to the complaint, which may include a motion to dismiss the lawsuit. The first hearing for the case is scheduled for April 13. You can read the DOJ’s entire statement below, and check out our earlier coverage of Diamond’s case.

 

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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