The Reality of being Transgender or Intersex in US Prisons

By  Kimberly Guthrie

            Living in a society fixated upon a strict gender binary is quite difficult for an individual who does not

identify as male or female. However, more challenges occur when such individuals are placed into environments that are only segregated by the two main physical sexes, like in U.S prisons. Despite the existing ill-treatment and abuse of some prisoners, these gender ambiguous people are often at risk of more dangerous harassments and cruelty.

            Individuals who are transgender or intersex do not necessarily fit into a particular category for the gender binary. A transgender person is one who identifies as a different gender than their biological sex. Furthermore, a male-born individual who identifies as a female is called a transgender woman, and a female-born individual that identifies as male is a transgender male. An intersex person has an anatomy that does not fit specifically into a male or female biological make-up. Despite the differences of a transgender and intersex individual, the two groups are often mistaken for each other due to their decision to change their gender and usage of hormonal treatments or surgery ^[1].

            With the lack of knowledge between the identification of intersex and transgender inmates, prisons often place the individuals at higher risks of danger. The inmates face various challenges during their time served such as classification, involuntary segregation, healthcare, freedom of expression, and abuse ^[2]. Inmates are often placed into prisons based on the genitals they were born with, rather than what is best for their safety and well-being. Once in prison, some of these inmates are given protective custody, however it ^[3]. Such inmates are restricted in healthcare, as they do not receive proper hormonal medication or sex assignment surgery, in addition these individuals are often not provided with patient confidentiality. As many of the gender ambiguous inmates identify as having gender dysphonia, a disorder in which a person identifies as a different gender than the one they were born with, they are entitled to receive such treatment ^[4]. Transgender and intersex inmates are also not allowed the freedom to express the gender they wish to identify with. During DiMarco’s sentence, she was provided with only two outfits, while the other inmates were given 5, and she could not work to buy personal items. Abuse is perhaps the biggest issue faced by these inmates. In one study involving California inmates, 59 percent of transgender women placed in male prisons had been sexually abused in comparison to the 4 percent of non-transgender inmates who are abused in prison ^[5]. By the lack of proper classification for such inmates, they often fall victim to horrendous abuses, ranging from physical, verbal, to sexual abuse.

often limits their interaction with others. For instance, in 2004 Miki DiMarco, an intersex inmate was placed into an involuntary maximum security, after discovery of her penis, during her 438 day sentence. When the female-identified inmate was found communicating with other prisoners, she would receive disciplinary write-ups for her violation of a no-communication rule

Michelle Kosilek

            Due to discrimination in the workplace, many intersex and transgender individuals result into illegal actions in order to obtain money. With that being said, in prison they are faced with the same discrimination and mistreatment. The lack of fairness leads many of these individuals to act out in order to be heard. In recent times, more attention and court cases involving the need for equality of transgender and intersex inmates have occurred. Transgender inmate Michelle Kosilek, who has been serving a life sentence since 1990 for murdering his wife, lashed out due to the prison’s refusal to provide her with hormonal treatment. She reacted by attempting castration with a razor blade, thus the federal appeals court in 2012 ruled in favor ^th amendment which prohibits the cruel and unusual punishment of prisoners ^[6].

that transgender inmates should have access to transition related-care during incarceration and that she must be provided with sex reassignment surgery.  The federal courts make reference to the 8

            For DiMarco’s situation, she was born with a tiny penis but no testicle or female organs, however identified as female. With the maximum security she was given in the Wyoming women center, during the discovery of her penis, she was place under much discrimination and segregation. In her court case suing the women’s center, the judge was able to sympathize with her inequality. However, due to the lack of violation of equal rights the court ruled that a development plan is needed to further handle future administrative segregation related to non-disciplinary issues ^[3].

            In the history of sexuality, as transgender and intersex individuals have face inequality and abuse for ^[7]. Furthermore, they have a new policy that allows inmates to receive hormonal treatment. In 2013, Houston, the third largest county jail adopted a new policy to further protect and guarantee the equal treatment of homosexuals, transgender, and intersex individuals by allowing individuals to be housed in a facility based on their chosen gender. Larger county prisons in Los Angeles, Washington, D.C, and Denver have also taken similar efforts to meet the federal standards of inmate protection ^[8].  Despite federal changes to the protection of intersex and transgender inmates and the raised attention of organizations advocating for the equality of the LGBT community, more work is needed to be done to ensure that the same policies are being followed within state and army prisons.

Laverne Cox, a transgender women, who plays Sophia in
"Orange is the New Black"

the well-being, more attention has been given for the protection of these individuals in recent times. On the popular television show “Orange is the New Black,” centered upon a women’s prison facility, it features the character, Sophia, who is a transgender women. The show gives publicity to the needed protection of transgender/intersex inmates, while in one episode having Sophia resort to ingesting a toy in order to receive the doctor’s attention after being denied hormonal treatment. The Federal Bureau of Prisons have also taken notice of the protection of such inmates and have allowed transgender/intersex inmates to be placed into prisons based on their chosen identifications

1.        ISNA. "What's the difference between being transgender or transsexual and having an intersex condition?." Intersex Society of North America. http://www.isna.org/faq/transgender (accessed March 29, 2014).

2.        Center for Constitutional Rights and. "Issues of Importance to Transgender Prisoners - Jailhouse Lawyer's Handbook." Issues of Importance to Transgender Prisoners - Jailhouse Lawyer's Handbook. http://jailhouselaw.org/issues-of-importance-to-transgender-prisoners/ (accessed March 29, 2014).

3.        Chase, Cheryl. "Federal Judge Finds Wyoming Prison Violated Constitutional Rights of Intersexual Prisoner." Intersex Society of North America. http://www.isna.org/dimarco (accessed March 29, 2014).

4.        APA. "Gender Dysphoria." American Psychiatric Association. http://www.dsm5.org/documents/gender%20dysphoria%20fact%20sheet.pdf (accessed March 29, 2014).

5.        Just Detention International . "Targets for Abuse: Transgender  Inmates and Prisoner Rape." Just Detention. http://www.justdetention.org/en/factsheets/TransgenderFactSheet.pdf (accessed March 29, 2014).

6.        Molloy, Parker . "Federal Appeals Court Rules in Favor of Transgender Inmate." Advocate.com. http://www.advocate.com/politics/transgender/2014/01/17/federal-appeals-court-rules-favor-transgender-inmate (accessed March 29, 2014).

7.        Flory, Tracy. "Salon." Saloncom RSS. http://www.salon.com/2013/08/23/americas_prisons_fail_transgender_inmates/). (accessed March 29, 2014).

8.        Masti, Ramit. "TPMDayBreaker." Talking Points Memo. http://talkingpointsmemo.com/news/texas-county-adopts-policy-to-protect-gay-transgender-intersex-inmates (accessed March 29, 2014).