INDIANAPOLIS — The American Civil Liberties Union of Indiana filed a lawsuit against the Indiana Department of Correction for denying gender-affirming surgery to an incarcerated transgender woman.
The IDOC is following a new state law, HEA 1569, which requires IDOC to deny gender-affirming medical care to those incarcerated.
The lawsuit claims the new law violates the Eighth Amendment’s prohibition on cruel and unusual punishment. Essentially, by denying the "necessary medical care or incarcerated individuals," the IDOC is denying their constitutional rights.
The ACLU points to court rulings that found "that people who experience gender dysphoria cannot simply be denied care."
The ACLU lawsuit also claims HEA 1569 violates the equal protection clause of the Fourteenth Amendment.
“The DOC cannot deny necessary treatment to incarcerated people simply on the basis that they are transgender. To do so is a form of discrimination,” said Ken Falk, legal director of the ACLU of Indiana. “Gender-affirming care is life-saving care. If the legislature can deny a form of health care arbitrarily, they could just as easily deny other lifesaving treatments to people who are incarcerated.”
A spokesperson for the correction department declined to comment on the lawsuit.
The ACLU's full complaint can be found by clicking here.
Republican Gov. Eric Holcomb also signed a bill in April prohibiting minors from accessing gender-affirming care such as transgender surgeries or medication. The ACLU has filed a federal lawsuit challenging that law, as well.