Utah violated rights of trans woman inmate who performed surgery on herself, DOJ finds

The Department of Justice has found that the Utah Department of Corrections discriminated against an incarcerated transgender woman based on her gender identity. The inmate, whose name was not released, removed her testicles via self-surgery while in custody. The corrections department strongly disagreed with the finding, saying it was “blindsided” by the timing and had been working to resolve identified issues.

“All people with disabilities including those who are incarcerated are protected by the ADA and are entitled to reasonable modifications and equal access to medical care, and that basic right extends to those with gender dysphoria,” Kristen Clarke, assistant attorney general in the Justice Department’s Civil Rights Division, said in a March 12 statement. “The Civil Rights Division is committed to ensuring that jails and prisons throughout the country do not discriminate against people with disabilities, and that right includes people with gender dysphoria.”

The inmate, who was assigned male at birth, was repeatedly denied hormone therapy by the corrections department, which also failed to make other reasonable and necessary accommodations ranging from housing and changing pat-down procedures to allowing the inmate to buy female clothing like bras and blouses in the prison commissary, according to the DOJ.

A representative for the corrections department, executive director Brian Redd, strongly objected to key findings and the timing of the DOJ’s announcement.

“We have been working to address this complex issue, and were blindsided by today’s public announcement from the Department of Justice,” Redd said in a prepared statement. “We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards. We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach.”

The DOJ called for prompt implementation of corrective measures, according to a letter to Utah authorities obtained by TV station KJZZ. The recommended measures include modifying inmate policies, instituting staff training, and providing compensation to the victim.

The investigation into the UDOC’s practices is part of a broader investigation into protecting individuals from discrimination based on their gender identity.