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Justice Department Committed to Providing Gender-Affirming Care in Prisons under the ADA

Meme screenshot

The Biden administration has made it clear that there are no spaces for women. Not locker rooms or sports teams or rape crisis centers. One of the concerns of "transphobes" like J.K. Rowling is the housing of biological men in women's prisons. A man can commit a crime, claim during the trial that he identifies as a woman, and be sentenced to a women's facility.

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We have no idea why the Civil Rights Division of the Justice Department decided to release this statement today, but they did. They're saying that gender dysphoria is covered under the Americans with Disabilities Act and they're committed to providing "needed medical care" to incarcerated trans women.

OK, now we know why they posted this today; the Justice Department filed a statement of interest in a lawsuit in Georgia:

Doe, an incarcerated transgender woman, alleges that the Georgia Department of Corrections (GDC) has violated her rights under the ADA, the Rehabilitation Act and the U.S. Constitution by denying necessary medical care to treat her gender dysphoria. Gender dysphoria is a serious medical condition that arises when a person experiences significant distress or impairment because of an incongruence between their gender identity and assigned sex. Left untreated, individuals with gender dysphoria can experience significant adverse mental health outcomes. Doe alleges that the GDC has denied her adequate medical treatment for her gender dysphoria, including gender-affirming surgery that has been recommended by four clinicians and consistent hormone therapy. Because of the inadequate care and exacerbation of her gender dysphoria, Doe has engaged in repeated self-harm, including attempts at suicide and self-castration. Doe seeks a preliminary injunction that would grant her access to medically necessary treatment for her gender dysphoria. 

“The protections of the U.S. Constitution and the Americans with Disabilities Act do not stop at the doorsteps of our jails and prisons,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Our office remains committed to ensuring that all people with disabilities, including those with gender dysphoria, continue to receive access to such medically necessary treatments, even while they are in custody.”

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So the statement of interest argues that gender dysphoria can be a covered disability under the ADA. Seriously? We're not lawyers (well, Aaron Walker is), but we don't see how gender dysphoria is a "disability." And they want the prison system to provide this criminal with "gender-affirming surgery."

So now trans people, who claim they're the target of genocide, have even more special protections under the law. Tell the cops you identify as a woman when they cite you for parking in a handicapped spot.

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Last March, at a Senate Judiciary Committee oversight hearing, Attorney General Merrick Garland stumbled when Sen. Lindsey Graham told him that 1,200 federal prisoners were petitioning to be transferred to women's prisons. "Are you concerned that if a biological male was sent to a female prison, that could be a risk to female prisoners," Graham asked. Garland: "I think every, uh, uh, person in prison has to be dealt with, uh, with dignity and respect."

Except women.

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But they said in their statement it was "needed medical care."

They're seriously arguing that sex change operations on prisoners are covered under the Americans with Disabilities Act.

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