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    DoJ files statement of interest in Georgia Corrections Department gender dysphoria treatment lawsuit

    2024-01-09

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    Atlanta, Georgia – The U.S. Justice Department has taken a step in addressing the rights and medical needs of incarcerated individuals with gender dysphoria by filing a statement of interest in a lawsuit concerning the treatment of gender dysphoria in correctional settings. Initiated in the U.S. District Court for the Northern District of Georgia, the action focuses on the denial of gender dysphoria treatment in prisons.


    Key Points

    • The plaintiff, identified as Doe, a transgender woman, alleges the Georgia Department of Corrections (GDC) violated her rights under the ADA, the Rehabilitation Act, and the U.S. Constitution.
    • Doe's complaint includes denial of necessary medical treatments for her gender dysphoria, such as gender-affirming surgery and consistent hormone therapy.
    • Medical professionals have recommended gender-affirming surgery for Doe, which has been consistently denied by GDC.
    • Due to inadequate medical care, Doe has suffered from severe distress, leading to self-harm, suicide attempts, and self-castration.
    • The Justice Department's statement clarifies that gender dysphoria is considered a "disability" under the Americans with Disabilities Act (ADA). Therefore, correctional institutions must provide medically necessary care, including gender-affirming surgery, to individuals with gender dysphoria, as denying such care violates the Eighth Amendment's prohibition against cruel and unusual punishment.
    • The Justice Department's statement also addresses the ADA's exclusion of gender identity disorders, emphasizing that gender dysphoria does not fall under this exclusion.
    • A preliminary injunction is sought to grant Doe access to the medically necessary treatment for her gender dysphoria.


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