At a time of anti-discrimination, a New York lawsuit is a positive sign
New York City-Lawsuit-Transgender-Inmates: Settlement of a Transsexual Prisoner’s First Associated Defendant’s Complaint
Holland’s original complaint alleged that while in jail, the female prisoner was denied access to her medical treatment, including her hormones and antidepressants, as well as being beaten and forced to live and shower with male inmates.
On Thursday, a settlement was announced. It includes a new countywide policy that mandates the housing of inmates consistent with their gender identity and access to gender-affirming care. Additionally, Holland will receive $160,000.
It is considered medically necessary to have access to medication to treat Holland’s gender dysphoria. Evidence has shown that trans individuals can struggle severely with mental health issues such as heightened anxiety and depression without it.
Holland, who was 25 at the time, sued the New York Civil Liberties Union and the Transgender Legal Defense & Education Fund.
Her experience is one shared by many transgender people incarcerated in the United States. Being forced to stay in prisons and jails that don’t align with their gender identity puts transgender individuals at greater risk of assault, discrimination and abuse, NPR’s previous reporting has showed.
Source: At a time of anti-trans sentiment, a New York lawsuit brings hope for the community
Proposal for a State Law to End Inmate Gender Detainers’ Expulsion from Broome County Jail: A Voice for Human Rights and Human Rights
Additionally, a 2020 report found that since 2011, at least nine inmates had died at the Broome County Jail. Activists disagreed with the official number and said at least 11 had died before that point.
To be gender affirming a person needs to receive certain medical care, as well as clothing and grooming standards that are consistent with their gender identity.
There are several cases that have been filed in state and federal courts. Though opponents of the laws have succeeded in blocking enforcement of some bans, judges have recently allowed restrictions to remain in place in Alabama, Kentucky, Missouri, Nebraska and Tennessee.
They have to contend with the changing makeup of courts that decide against them, but they are moving in a positive direction.
“It would be difficult if not impossible to bring about the kind of wide-scale change we need through individual lawsuits. We need state law to do that,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union.
The NYCLU has been working to pass the Gender Identity Respect, Dignity and Safety Act, which would codify all the protections included in the Holland and Faith settlements into state law, said Larios.
She said we are all Human no matter what the reason is for a person’s imprisonment. “No matter what, we all deserve to be treated with dignity and respect.”
Implications of a New Texas Medical Transition Law on Transgender Children’s Health and Human-Molecules: The Case against the Abbott Order
The state of Texas tried to prevent transgender children from having access to medical transition care before the legislation passed. Last year, Gov. Greg Abbott, a Republican, directed the state’s child protective agency to investigate parents for child abuse if their children received such treatment.
But almost immediately after the judge entered that ruling, the state attorney general’s office announced that it had appealed to the Texas Supreme Court, a step that would prevent the lower court’s injunction from taking effect, at least for now.
The legislation that went into effect next week was one of the most volatile measures of the Texas legislative session, drawing protests from lesbian, gay, bisexual, and transexual Texans.
The judge said in Friday’s ruling that the clients who challenged the new law had clearly demonstrated they would succeed at trial.
The judge noted that the Act was in conflict with parents’ right to make decisions about their children’s care.
A US woman who sued the city of New York over her treatment while in jail has agreed to pay an undisclosed amount to settle her case. Vicky Holland said she was denied access to medical treatment including her hormones and antidepressants, as well as being beaten and forced to live and shower with male inmates. Holland sued the NYCLU and Transgender Legal Defense & Education Fund.