A transgender woman amidst years of litigation may become the first federal prisoner to receive sex-change surgery.
A recent ruling by a federal judge has paved a way for a transgender woman serving time in federal prison to be the first inmate to undergo gender-affirming surgery. U.S. District Judge Nancy Rosenstengel of Illinois' Southern District has ordered the U.S. Bureau of Prisons to search for a qualified surgeon for the sex-change surgery and detail a timeline to ensure that they carry out the order for Cristina Nichole Iglesias, the trans prisoner.
"This is something that's long overdue," Alexis Rangel, policy counsel for the National Center for Transgender Equality of Washington D.C. commented, as per USA Today. "We recognize that trans folks who are incarcerated have a fundamental right to appropriate care, and they shouldn't have to jump through hoops to access that care while on the inside."
Under the U.S. Constitution, federal prisons must pay for the costs of all necessary health care treatments for inmates. This includes sex-change surgery under the Biden administration's gender-affirming healthcare.
American Civil Liberties Union of Illinois' staff attorney Joshua Blecher-Cohen, who represents Iglesias, said that the judge's directive was "a real first step" toward his client finally receiving gender-affirming surgery. He added, "This case has been full of delays and denials, as this opinion recognizes. We are excited, but there is more work to be done toward actually making this happen."
Judge Rosenstengel added in her order that the prisons bureau must prove why it must not be issued sanctions or held in contempt over the delays and violation of court orders that postponed Iglesias' procedure. The judge required high-level officials and staff representing the bureau and the U.S. Department of Justice to make an appearance at a future hearing to justify the mishandling of the case.
Judge Rosenstengel has also required the BOP to create weekly reports for the court that documents a timeline to ensure Iglesias receives the sex-change surgery and could recover by the end of the year. Iglesias, who had been serving time since 1994 for threatening to use a weapon of mass destruction against the British government, will be released in December 2022, Townhall reported.
The 47 year old Iglesias said in a statement that the Bureau of Prisons "has denied me gender-affirming surgery for years and keeps raising new excuses and putting new obstacles in my way. I am grateful that the court recognized the urgency of my case."
There are about 1,200 transgender individuals in the U.S. federal prison system, or about 0.7% of the overall prison population of 156,000. Transgender Legal Defense and Education Fund senior counsel accused the federal government and several states of refusing to provide gender-affirming healthcare to these inmates.
Arkles argued that people in custody have "a right to the health care they need" and that it was "unconstitutional and immoral to withhold healthcare because of someone's gender or because the care they need is stigmatized."
