t/g in an Idaho jail

[JesusA (imported)]

Self-castrating inmate sues for hormone therapy

An Idaho inmate who identifies as a transgender woman—and who performed a self-castration while in prison—is suing the state federal court to get female hormone therapy to treat her gender identity disorder, reports the Associated Press.

Jenniffer Spencer, born Randall Gammett, claims the Idaho Department of Correction is violating her constitutional right to proper health care and subjecting her to cruel and unusual punishment by failing to diagnose her gender identity disorder and give her access to the female hormone estrogen. She performed her own castration using a disposable razor blade in her prison cell.

According to the Associated Press, the state's attorneys argue that prison doctors did not find substantial evidence that Spencer had gender identity disorder. After her castration Spencer was given an option to undergo male hormone therapy, which she refused.

While a trial will not happen for several months, Judge Mikel Williams told the Associated Press that he would decide whether Spencer should be provided estrogen therapy pending trial.

Spencer was incarcerated in May 2000 for possession of a stolen car. She was sent to the boot camp prison program at Cottonwood, but after an escape attempt was sentenced to 10 years for both the original crime and the failed breakout. At the time she was still using her male identity.

According to the Associated Press, the lawsuit claims that Spencer lived full-time as a woman and took birth control pills in an attempt to develop female secondary sex traits prior to her incarceration. Yet she failed to report her gender identity disorder to the Idaho Department of Correction until September 2003, when she learned of state-sponsored treatment for transgender inmates.

Despite repeated requests for treatment—75 in total, according to Spencer—the department refused her. Instead she was diagnosed with a nonspecific gender disorder, and later as bipolar, reports the Associated Press. In August 2004 Spencer attempted suicide.

When prison officials continued to refuse treatment, Spencer attempted self-castration in October 2004. According to her statement, she tried again 10 days later and succeeded.

According to the Associated Press, prison guards found a note that read: "I cut my genitals off do [sic] to the facts that I am a transgendered individual and I could stand the sight of them no more. This is not a suicide attempt. This is simply a way for me to remmady [sic] my problem."

After the attempted castration, prison doctors diagnosed her with hypogonadism, a medical condition that can lead to osteoporosis, loss of muscle mass, and other problems if left untreated. Spencer was prescribed testosterone, which she refused to take.

Her lawyers claim that Spencer has suffered irreparable damage due to a lack of estrogen therapy. Attempting to give someone in her condition testosterone is "medically indefensible," Spencer's attorney James Schurz said to the Associated Press.

Yet John Burke, one of the lawyers representing the state, told the Associated Press that the case boils down to a simple difference of medical opinion. It is not a matter of discrimination, as Spencer claims; of the seven inmates who have filed for hormone therapy in the state of Idaho, only two—Spencer included—have been refused. (The Advocate)

The Advocate

Friday, July 13, 2007

http://www.advocate.com/news_detail_ektid47355.asp

[The Lurker (imported)]

Like many of us here, I am sympathetic to her gender challenges, but not her situation... Tax payer monies should not be used to fund her transition. Prison/jail already costs way too much per inmate...

[DonFL (imported)]

due to the lack of hormone problems & ill health would further burden the system, I think the inmate should be given a choice of a maintenance dose of testosterone or estrogen, it would be cheaper than dealing with all the side effects of the castration.

[jemagirl (imported)]

Like many of us here, I am sympathetic to her gender challenges, but not her situation... Tax payer monies should not be used to fund her transition. Prison/jail already costs way too much per inmate...

I would agree with you if we were being asked to pay for cosmetic surgery, however in this case the problem is not cosmetic, but rather medical and psychological.

At this point she needs hormones of some type and estrogen is probably a better choice for her. I see no logical reason to deny it to her if they are already willing to pay for testosterone. It isn't like men will start cutting off their balls willy nilly if she gets estrogen instead of testosterone. Also not treating her transgender issues is what lead to her self mutilation.

Like it or not the state has an obligation to meet the medical and psychological needs of the inmates. What is done is done, and the patient needs to be treated. The only question now is what is the best course of treatment for the patient.

[JesusA (imported)]

Jema,

You are FAR too logical. What would happen if more people actually thought through the cost/benefit ratio of their actions? Instead, the great State of Idaho will fight an expensive legal battle (countered by expensive legal aid for Spenser). The result, after two or three years of court battle and tens of thousands of expenses for the lawyers, will probably be exactly as you suggest. The lawyers would never forgive you.

[jemagirl (imported)]

Yes Jesus I think you are correct.

Its ironic that I could get health care in prison, but while I still have my liberty as the saying goes, I have no health coverage at all.

Crime may not pay but at least it has health benefits

Still I think I prefer to take my chances on the outside for as long as I am allowed to

Jema

[A-1 (imported)]

Hell,

$MONEY$? IS that REALLY what this is all about?

They are giving this one TESTOSTERONE!

I KNOW what the hell the difference is, but still, I MUST ask...

What the Hell IS the difference?

[plix (imported)]

I think two issues that we need to look at to decide if paying for hormones for this woman is acceptable are:

1. Is TSism a legitimate medical disorder that deserves treatment just as any other medical condition would?

We must keep in mind that while most of us here would answer yes to this question, in the general public it is quite controversial and not all agree that TSism is something that should be treated with transition.

2. Do taxpayers have an obligation to provide any sort of medical care to prisoners?

Not all agree that we have any obligation to give any medical care to prisoners even if there is a legitimate medical condition. Many would go as far as saying they deserve to be left to die. Some suggest that taxpayers have no obligation to provide anyone with medical care, prisoner or otherwise.

My issue is not so much with taxpayer-funded medical care as it is with prisoners being entitled to free medical care when law-abiding citizens are not. I think the best arugment that people who oppose treatment for this woman have is that those on the outside would not be entitled to free treatment, so why should she?

If I could get free hormones and further TS treatments as a law-abiding citizen, I would see no issue with extending the same to those in prison. But since I cannot, I have my reservations.

[jemagirl (imported)]

I think two issues that we need to look at to decide if paying for hormones for this woman is acceptable are:

1. Is TSism a legitimate medical disorder that deserves treatment just as any other medical condition would?

We must keep in mind that while most of us here would answer yes to this question, in the general public it is quite controversial and not all agree that TSism is something that should be treated with transition.

2. Do taxpayers have an obligation to provide any sort of medical care to prisoners?

Not all agree that we have any obligation to give any medical care to prisoners even if there is a legitimate medical condition. Many would go as far as saying they deserve to be left to die. Some suggest that taxpayers have no obligation to provide anyone with medical care, prisoner or otherwise.

My issue is not so much with taxpayer-funded medical care as it is with prisoners being entitled to free medical care when law-abiding citizens are not. I think the best arugment that people who oppose treatment for this woman have is that those on the outside would not be entitled to free treatment, so why should she?

If I could get free hormones and further TS treatments as a law-abiding citizen, I would see no issue with extending the same to those in prison. But since I cannot, I have my reservations.

Please forgive the length of my response but I wanted to speak to all the issues you raised.

Q1:

Is TSism a legitimate medical disorder that deserves treatment just as any other medical condition would?

A: Yes absolutely. At least in the state of California the department of corrections treats prisoners for both medical and psychological issues. Transsexualism, and transgender issues are well documented in the DSM. If they are treating prisoners for other mental and physical issues, why would they not treat transgender issues?

As much as my grievances with the health care system in this country are concerned, I sure as hell don't want my treatment based on popular opinion.

Yes the medical establishment is fucked up, and while to a large extent mental health professionals are too slowly beginning to accommodate transgender issues, it is an absolute certainty, that the general public is living in the stone age. Just look at the prejudice trans people face every day, and I think it's safe to say it isn't any better for eunuchs.

Q2:

Do taxpayers have an obligation to provide any sort of medical care to prisoners?

A: Yes. Power equals responsibility. When the state asserts it's power by incarcerating a prisoner, it also takes on the responsibility to to feed, clothe, and house that prisoner for the duration of their incarceration. Additionally the state is responsible for the health and well-being of the people it incarcerates.

It is easy to say, ( and I admit it may sound good to some ) that prisoners don't deserve medical care: That they deserve to rot and die in prison,,,,, but here's the problem with that.

First there are different offenses that prisoners have committed. It is one thing to say that a murderer deserves to rot and die in prison, but it is another thing to say all prisoners deserve to rot and die in prison.

Secondly, there are many things that happen in prison that endanger the lives of the prisoners. Weaker prisoners are often raped, beaten and sometimes even killed by more violent offenders. To be thrown in prison for a nonviolent crime and then subjected to violence that puts your life in danger and then NOT have access to medical care is the very definition of 'cruel and unusual punishment'

Thirdly: What truly civilized people can claim their system of justice is perfect?

Certainly not ours. After all we have seen fit to establish a system of appeals to redress such injustice. How many times in recent years have we heard of over zealous prosecutors withholding evidence and lying in order to convict defendants. Some of these prosecutors have themselves ended up in prison. No ours is certainly not a perfect system.

Can you imagine what it would be like to be wrongfully convicted of a crime, and being sent to prison, and not having access to medical care? What if you had diabetes or some other chronic condition that required regular medical treatments. You might die before your appeals process could get you out of prison.

What about some one who commits a nonviolent crime and gets sentenced to 18 months in prison, but they need regular treatments each week or they will die? Saying they are not entitled to medical car is the same as giving them a death sentence. And what is wrong with that? There is no such thing as justice without reciprocity. Minor offenses should not be treated as major offenses. We don't treat car theft in the same way we treat murder or bank robbery.

Then there is the question of treating the mental health issues of prisoners. I think it's a fair bet that a lot of people are in prison because their heads are messed up. Not treating their mental health issues would be false economy. To put it another way, it is penny wise and pound foolish, because one day many of these prisoners will be out on the street. If they are more fucked up than when they were sent away, all we've really accomplished is to delay the problem at the expense of making it worse.

So to sum it all up. It sucks that we have to pay for it, but if we want to call ourselves a civilized people we better not skip out on our responsibilities. Finally the fact that I don't have ANY medical coverage WHAT SO EVER, while convicted felons do does bother me a great deal, but taking it away from them is not the solution to giving to the rest of us.

This is a wealthy country, and if we want universal health care we can afford it. It is really just a matter of political will and setting our priorities in order.

A stitch in time saves nine...

[Eunuchist (imported)]

due to the lack of hormone problems & ill health would further burden the system, I think the inmate should be given a choice of a maintenance dose of testosterone or estrogen, it would be cheaper than dealing with all the side effects of the castration.

On the contrary, I believe there is actually a good chance that it would be a much better, cheaper and safer solution to simply deny access to hormonal supplements altogether, until release. Castration alone is often a very good compromise - as well as being the only available "treatment" for MtF's throughout the recorded history - for many transsexuals, as it offers a much needed relief from a variety of masculine characteristics, and often results in a more feminine appearance with time. Castration has also been associated with a relatively high rate of successfull rehabilitation, generally improved behavior and increased socialization in criminals and mentally unstable/challenged individuals (except those with damaged brains), as observed across a wide range of mental and other detainment institutions in Europe & US, where castration was or continues to be practiced upon.