Gender Identity Disorders in Prisons: What Are the Legal Implications for Prison Mental Health Professionals and Administrators?

In 2009, two Idaho prisoners with gender identity disorders (GIDs) settled lawsuits against the Department of Corrections for failing to treat properly their conditions. Prisoners in other states have also sued prison officials for failing to treat their GIDs. Initially, the courts held that prisone...

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Bibliographic Details
Published in:The Prison journal (Philadelphia, Pa.) Pa.), 2010-09, Vol.90 (3), p.269-287
Main Authors: Alexander, Rudolph, Meshelemiah, Jacquelyn C. A.
Format: Article
Language:English
Subjects:
Courts
Gender identity
Litigation
Medical personnel
Medicine
Mental disorders
Mental Health
Prison administration
Prisoner treatment
Prisoners
Prisons
Sex Role Identity
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Summary:In 2009, two Idaho prisoners with gender identity disorders (GIDs) settled lawsuits against the Department of Corrections for failing to treat properly their conditions. Prisoners in other states have also sued prison officials for failing to treat their GIDs. Initially, the courts held that prisoners with GIDs did not have a serious mental disorder and thus were not entitled to treatment. However, later courts have held that a GID is a serious medical problem, which implicates the Eighth Amendment to the U.S. Constitution that requires treatment for prisoners’ serious medical problems. No court, however, has ordered sex-reassignment surgery for any transsexual prisoner, despite holding that GID is a serious medical problem. This issue presents an interesting dilemma for the law and has implications for prison mental health professionals and prison administrators. The authors elaborate on these issues and discuss policy implications.
ISSN:0032-8855
1552-7522
DOI:10.1177/0032885510373498