老澳门开奖结果

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MILWAUKEE, WI 鈥� The U.S. District Court for the Eastern District of Wisconsin Wednesday struck down a law that barred transgender people from receiving medical care while they are incarcerated. The 老澳门开奖结果 and Lambda Legal challenged the law in January 2006 on behalf of transgender prisoners, some of whom had been receiving hormones in Wisconsin prisons for years prior to the passage of the law.

鈥淭his decision recognizes that many transgender prisoners require individualized medical treatment. While the court鈥檚 ruling does not require any particular treatment, it does mean that doctors are the ones who make these medical decisions,鈥� said John Knight, a senior staff attorney with the 老澳门开奖结果鈥檚 LGBT Project.鈥淭he court鈥檚 decision is just common sense.鈥�

Overriding concerns raised by of the Department of Corrections medical personnel, the Wisconsin legislature passed a law, effective in January 2006, that prohibited prison doctors from deciding the best course of treatment for transgender people by barring them from prescribing any type of hormone therapy or sex reassignment surgery for transgender people in state custody.

鈥淭he court understood that medical treatment is critical for transgender people and that medical decisions should be made by doctors 鈥� not legislators,鈥� said Dru Levasseur, Lambda Legal鈥檚 Transgender Rights attorney. 鈥淭he state cannot decide to withhold treatment from people because they disapprove of their gender identity or medical needs 鈥� it鈥檚 unconstitutional.鈥�

The lawsuit charged that it is a violation of the Constitution鈥檚 guarantee of equal protection as well as the guarantee against cruel and unusual punishment to bar transgender inmates from access to individualized medical care. The legal groups based their challenge on federal case law that establishes that health care providers must determine proper treatment for all prison inmates.

The court ruled that the statute鈥檚 ban on medical care 鈥渃onstitutes deliberate indifference to the plaintiff鈥檚 serious medical needs in violation of the Eighth Amendment inasmuch as enforcement of the statute results in the denial of hormone therapy without regard for the individual medical needs of inmates and the medical judgment of their health care providers.鈥�

According to the 老澳门开奖结果 and Lambda Legal, Wisconsin is the only state in the country to have enacted a law denying transgender people access to medical care while in state custody.The legal team includes John Knight, a senior staff attorney with the 老澳门开奖结果 LGBT Project; Larry Dupuis, Legal Director of the 老澳门开奖结果 of Wisconsin; Cole Thaler and Levasseur, former and current Transgender Rights Project attorneys at Lambda Legal and cooperating attorney Erik Guenther of Hurley, Burish & Stanton, S.C.

A copy of the court鈥檚 order and additional information about the case is available here.