Transgendered Prisoners in the United States: A Progression of Laws
In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psy...
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| Format: | Article |
| Language: | English |
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MDPI AG
2013-11-01
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| Series: | Laws |
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| Online Access: | http://www.mdpi.com/2075-471X/2/4/428 |
| _version_ | 1798006894096285696 |
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| author | Rudolph Alexander |
| author_facet | Rudolph Alexander |
| author_sort | Rudolph Alexander |
| collection | DOAJ |
| description | In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disorder was not a serious mental disorder—a critical component of the right to medical care and mental health treatment. Later, a few appeals courts ruled that gender identity disorder was a serious mental disorder, triggering a prisoner’s right to medical care and mental health treatment for this disorder. Prisoners with gender identity disorder have litigated for sex realignment surgery as part of their treatment, which prison administrators have balked. The latest ruling unequivocally ordered the Massachusetts Department of Corrections to give a prisoner suffering from gender identity disorder sex reassignment surgery, but the prison system has appealed. This ruling, and previous rulings, has furthered policy towards transsexual prisoners. |
| first_indexed | 2024-04-11T13:01:38Z |
| format | Article |
| id | doaj.art-6d3dda95b288449687e0fd28a6566c25 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-11T13:01:38Z |
| publishDate | 2013-11-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-6d3dda95b288449687e0fd28a6566c252022-12-22T04:22:54ZengMDPI AGLaws2075-471X2013-11-012442843910.3390/laws2040428Transgendered Prisoners in the United States: A Progression of LawsRudolph AlexanderIn 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disorder was not a serious mental disorder—a critical component of the right to medical care and mental health treatment. Later, a few appeals courts ruled that gender identity disorder was a serious mental disorder, triggering a prisoner’s right to medical care and mental health treatment for this disorder. Prisoners with gender identity disorder have litigated for sex realignment surgery as part of their treatment, which prison administrators have balked. The latest ruling unequivocally ordered the Massachusetts Department of Corrections to give a prisoner suffering from gender identity disorder sex reassignment surgery, but the prison system has appealed. This ruling, and previous rulings, has furthered policy towards transsexual prisoners.http://www.mdpi.com/2075-471X/2/4/428gender identity disordertranssexual prisonerscruel and unusual punishmentthe right to treatment |
| spellingShingle | Rudolph Alexander Transgendered Prisoners in the United States: A Progression of Laws Laws gender identity disorder transsexual prisoners cruel and unusual punishment the right to treatment |
| title | Transgendered Prisoners in the United States: A Progression of Laws |
| title_full | Transgendered Prisoners in the United States: A Progression of Laws |
| title_fullStr | Transgendered Prisoners in the United States: A Progression of Laws |
| title_full_unstemmed | Transgendered Prisoners in the United States: A Progression of Laws |
| title_short | Transgendered Prisoners in the United States: A Progression of Laws |
| title_sort | transgendered prisoners in the united states a progression of laws |
| topic | gender identity disorder transsexual prisoners cruel and unusual punishment the right to treatment |
| url | http://www.mdpi.com/2075-471X/2/4/428 |
| work_keys_str_mv | AT rudolphalexander transgenderedprisonersintheunitedstatesaprogressionoflaws |