New Florida Policy on Trans Care in Prison

Controversial Policy Sparks Legal Challenge

The ACLU of Florida has filed a lawsuit against the state’s Department of Corrections, contesting a newly implemented policy that limits transgender inmates’ access to gender-affirming healthcare and restricts their ability to express their gender identity. This legal battle follows accusations that trans inmates are being subjected to invasive and discriminatory practices, including mandatory haircuts and breast examinations.

According to a report from The Marshall Project and the Tampa Bay Times, On December 9, a federal judge in Tallahassee held a preliminary hearing regarding the case. The ACLU is pushing for the policy’s enforcement to be blocked, arguing it constitutes an unconstitutional ban on gender-affirming care. A decision on the matter is anticipated in the coming weeks.

Therapy Replaces Comprehensive Medical Care

Under the new policy, Florida prisons will only offer therapy to inmates diagnosed with gender dysphoria. Access to gender-affirming hormone therapy is severely restricted and permitted only in “rare instances” deemed necessary to comply with constitutional or court-mandated requirements. The policy claims that untreated psychiatric issues or childhood trauma could lead to misdiagnosis, further stating that gender-affirming treatments might result from “short-term delusions” that could be reversed.

Daniel Tilley, lead attorney for the ACLU of Florida, compared the mandated therapy approach to widely condemned “conversion therapy” practices.

Questionable Basis for Policy Development

Court documents reveal that Danny Martinez, the medical director for Florida’s prison system, relied on a controversial 2022 report from the Florida Agency for Health Care Administration (AHCA) to justify the new policy. While the report focused on the impact of gender-affirming care on children, its conclusions starkly contradict the consensus of major medical organizations, which consider such care necessary and often lifesaving for individuals with gender dysphoria.

The same report was used to justify banning Medicaid coverage for gender-affirming care in Florida. However, a federal judge overturned that Medicaid ban in 2023, describing the AHCA report as biased and unsupported by credible evidence or medical standards.

Read also : Florida House Passed Three Extreme Anti-Trans Bills in a Single Day

Trans Inmates Report Discriminatory Treatment

The policy rollout in September included meetings with incarcerated transgender women, where officials announced plans to “reevaluate” access to gender-affirming care and accommodations. Incarcerated trans women reported being forced to cut their hair short, with no clear explanation of how care determinations would be made.

Multiple inmates also reported being subjected to invasive breast examinations to assess their continued eligibility for bras. Josie Takach, a trans inmate, described the process as dehumanizing, noting that her bras were confiscated and labeled contraband. Another inmate, Mariko Sundwall, recounted being forcibly restrained while a barber cut her hair short. “I feel like they’re taking away my identity,” said Jada Edwards, another trans inmate.

Medical Experts and Legal Precedents

Dr. Dan Karasic, a University of California San Francisco psychiatrist and expert in transgender healthcare, criticized Florida’s policies as a deliberate attempt to circumvent legal obligations. “They are really trying to skirt the law, as determined by multiple courts, that gender-affirming medical and surgical care must be provided when medically necessary,” Karasic told The Marshall Project.

U.S. courts have previously ruled that prisons are constitutionally required to provide gender-affirming care when needed. Yet Florida’s new policy directly challenges these precedents, escalating tensions in the ongoing legal and political debates surrounding transgender rights.

Political Backdrop Fuels the Debate

This dispute over transgender healthcare comes amid a politically charged environment, as Donald Trump’s 2024 presidential campaign targeted Vice President Kamala Harris with claims that she supports taxpayer-funded gender-affirming procedures for prisoners. The broader national discourse underscores the heightened scrutiny and politicization of transgender issues in the U.S.