Daily Dicta: Two Prisoners, Two Pleas for Gender Confirmation Surgery, Two Opposite Outcomes on Appeal
In an 85-page per curiam opinion, the Ninth Circuit judges explained at length why they think the Fifth Circuit relied on "an incorrect, or at best outdated, premise" about gender confirmation surgery.
August 26, 2019 at 01:26 PM
7 minute read
When the U.S. Court of Appeals for the Ninth Circuit on Friday ruled that prison officials in Idaho must provide a transgender inmate with gender confirmation surgery, the three-judge panel set up a stark split with the Fifth Circuit—and offered a withering critique of their sister circuit's recent holding.
The two cases had similar facts: male-to-female transgender prisoners who suffer from severe gender dysphoria, where their sex assigned at birth (male) differs from their gender identity (female).
The Idaho inmate, Adree Edmo, twice attempted self-castration. The Texas inmate, Scott Gibson, also known as Vanessa Gibson, said she copes by tying a string around her testicles "until they turn purple.… I do this to stop the testosterone from entering my body."
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