DOJ: Failure to Provide Adequate Treatment to Jailed Transgenders on Taxpayer Dime Is Unconstitutional

It’s an Obama world.
The Obama-Holder Department of Justice is urging a federal court in Georgia to side with a prison inmate who wants to continue taxpayer funded feminizing hormone treatments.
ashley diamond
The Southern Poverty Law Center filed a lawsuit on Ashley Diamond’s behalf seeking sweeping changes that would restore her medical treatment and improve living conditions and staff training for her and other transgender inmates.

CNS News reported:

The U.S. Justice Department is urging a federal court in Georgia to side with a prison inmate who was born male but wants to continue taking the “feminizing” hormone treatment that produces attributes “such as breasts and soft skin.”

In a Statement of Interest filed in the case of Ashley Diamond, the Justice Department concluded that “Failure to provide adequate treatment for transgender inmates with gender dysphoria constitutes cruel and unusual punishment under the Eighth Amendment.”

The case (Diamond v. Owens, et al.) has landed in U.S. District Court for the Middle District of Georgia.

At issue is whether the Georgia Department of Corrections may employ a so-called “freeze-frame” policy, which says inmates who are not identified as transgender and referred for treatment at the time they enter prison may receive no treatment for the condition once they end up behind bars.

Diamond is currently seeking two preliminary injunctions: one halting enforcement of the freeze-frame policy; and the other directing the prison to begin treatments for Diamond’s gender dysphoria. The Justice Department is urging the court to grant both preliminary injunctions sought by Diamond.

The Justice Department said it filed its statement of interest in Diamond’s case because it has a “broad interest” in ensuring that conditions in state and local correctional facilities are consistent with the Constitution and federal law. “The United States also has a strong interest in protecting the rights of lesbian, gay, bisexual, and transgender individuals more broadly,” the filing said.

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