NOTE: A lawsuit represents only one side of a story.
SALT LAKE CITY (ABC4) — On Tuesday, the United States Department of Justice filed a lawsuit against the State of Utah — including the Utah prison system — just weeks after the DOJ released findings that a Utah prison discriminated against a transgender inmate.
The DOJ claims that the prison system violated the Americans with Disabilities Act by discriminating against a transgender woman who had gender dysphoria.
“People with gender dysphoria, including those held in jails and prisons, are protected by the Americans with Disabilities Act and are entitled to equal access to medical care just like anyone else with a disability,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said.
Who is listed in the lawsuit?
In the nine-page lawsuit, the defendants are listed as the State of Utah, the Utah Department of Corrections and the Utah Department of Health and Human Services. The plaintiff is the United States of America.
The purpose of the lawsuit, as stated in documents, is to enforce Title II of the ADA.
“Defendant, through UDOC, has unlawfully discriminated against the Complainant on the basis of her disability, gender dysphoria, by denying her equal access to healthcare services and failing to reasonably modify policies, practices, or procedures where necessary to avoid discrimination against the Complainant,” the lawsuit claims.
The DOJ also claims that the prison system “imposed unnecessary eligibility criteria for evaluation and treatment for gender dysphoria” — criteria that the DOJ said are not required for other health conditions.
A footnote in the suit clarifies that the Utah DHHS was named in the lawsuit only for events that took place after the DHHS took over health care services for those incarcerated at the Utah Department of Corrections in July of 2023.
What are the facts of the case, as given by the DOJ?
Within the lawsuit, the DOJ provides a definition for gender dysphoria, saying, “Gender dysphoria is a serious medical condition experienced by some transgender individuals and is a diagnostic category in the Diagnostic and Statistical Manual of Mental Disorders (DSM).”
The DOJ also said medical care and “living consistently with one’s gender identity” can help mitigate gender dysphoria, but untreated gender dysphoria can bring increased risk of suicide, among other negative effects.
Facts about the complainant, as given by the DOJ:
Also included in the facts section of the lawsuit are details about the complainant herself.
According to the lawsuit, the complainant is transgender, has gender dysphoria and has been incarcerated since July 2021. Because she is incarcerated, she is qualified to take part in the prison’s programs and activities.
The lawsuit says gender dysphoria is, by definition, a disability, especially because it is “a physical or mental impairment that substantially limits one or more of her major life activities.”
Facts about the alleged discrimination, as given by the DOJ:
Additionally, the lawsuit lists facts regarding how the Utah Department of Corrections reportedly discriminated against the inmate.
The suit says UDC has a general policy regarding treatment and medical care, but also has a separate policy regarding treatment of gender dysphoria, including the presentation findings from mental health staff to a committee dedicated to gender dysphoria.
“The gender dysphoria committee decides whether or not to refer an individual to a contract psychologist for diagnostic evaluation,” the lawsuit says. “If the committee declines to make the referral, the individual must wait one year before requesting to be reevaluated.”
According to the suit, both medical and non-medical staff are part of the committee, but there are no similar requirements for other medical evaluations or treatments.
“Complainant made multiple requests to UDOC staff for treatment for gender dysphoria, including multiple requests for hormone therapy,” the lawsuit says.
The complainant was diagnosed with gender dysphoria by a contract psychologist with the prison, nine months after the inmate first requested hormone therapy, according to the lawsuit. She did not receive hormone therapy until 17 months after her initial request — another six months after her official diagnosis.
“When UDOC started the Complainant on hormone therapy it did not do so safely or effectively,” the lawsuit says.
The lawsuit also says the inmate requested “reasonable modifications” to some of the prison’s policies and programs, but those were denied. During her incarceration, the lawsuit says the complainant’s gender dysphoria worsened, leading to “dangerous self-surgery” and hospitalization.
What is the goal of the lawsuit?
Among other things, the U.S. is asking the court to order the defendant to “adopt or revise policies to ensure that individuals with gender dysphoria who are incarcerated at UDOC are afforded an equal opportunity to participate in and benefit from its services, programs, and activities, including health care services.”
The DOJ is also asking the prison to provide “nondiscriminatory” services to the complainant for her gender dysphoria, and seeking modifications to policies and procedures — as well as trainings and designated ADA employees — within the prison.
Additionally, the plaintiff is seeking compensatory damages to be awarded to the complainant and “other aggrieved individuals for injuries caused by the ADA violations alleged in this Complaint.”
What does the Utah Department of Corrections say?
“Because it is pending litigation, we have no additional comment at this time,” a spokesperson for the Utah Department of Corrections told ABC4.com.
The spokesperson referred to the comment given when the issue was first announced in a letter of findings from the DOJ in March.
We have been working to address this complex issue, and were blindsided by today’s public announcement from the Department of Justice. We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards.
We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach.
Statement from March 12, 2024, by Brian Redd, Executive Director of Utah Department of Corrections
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