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

Abstract

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.