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By Mae Slater on
 January 2, 2025

Federal Judge Upholds Florida's Ban On Sex Changes For Inmates

A Florida federal judge has refused to halt a policy restricting sex change treatments for inmates, emphasizing the state’s allowance for case-by-case medical exemptions.

On Friday, a federal district court in Florida turned down a request for a preliminary injunction aimed at halting a controversial policy introduced by the Florida Department of Corrections.

The Daily Caller reported that the policy restricts most sex change treatments and social transitions for prison inmates, but it permits specific medical exceptions.

The case was brought forth by Reiyn Keohane, an inmate currently under treatment with cross-sex hormones. Challenging the policy, Keohane argued that it violated the Eighth Amendment, which prohibits cruel and unusual punishment.

Judge Denies Preliminary Injunction Request

The judge overseeing the case, Allen Winsor, was appointed in 2019 and was tasked with examining the legality of the treatment limitations.

He determined that denying certain social accommodations, such as clothing changes and hair regulations, is not inherently unconstitutional.

The policy was issued in September of the previous year, imposing restrictions not only on hormone therapy but also on clothing and hair length corresponding to gender transitions. Despite these constraints, the guidelines do allow for medical exceptions when deemed necessary.

Judge Winsor remarked that Keohane receives significant medical attention for gender dysphoria, pointing out the provision of hormone treatments and psychotherapy services. The treatment Keohane receives appears comprehensive according to Winsor's assessment.

Keohane, who is serving a 15-year sentence for attempted murder, asserts that these restrictive guidelines are unfair and disregard the basic rights of transgender prisoners. Supporters argue that such policies contribute to a broader dehumanization of incarcerated individuals.

In contrast to Florida’s policies, some states, like California, have taken steps to fund surgeries pertinent to gender transition for inmates, indicating a differing approach to the issue across state lines.

Li Nowlin-Sohl, representing the ACLU and supporting Keohane's challenge, criticized the court's decision. She alleged that Florida officials are engaged in actions that dehumanize incarcerated people by denying crucial healthcare services.

Nowlin-Sohl argued that allowing the policy to proceed is a threat to fundamental rights. She expressed concern that the state’s policy aims to ban necessary healthcare under the guise of administrative regulation. Her remarks emphasize the belief that the policy undermines the rights of transgender individuals within the prison system.

While the court declined to block the policy, its decision relies on the assessment that Keohane’s medical treatment needs are being met. This facet of the ruling has been a focal point for those supporting the policy, noting that inmate healthcare should be administered within existing guidelines.

Keohane’s legal team and advocates maintain that the policy places undue hardship on transgender inmates who require specific medical attention and social accommodations as part of their transition process.

Ongoing Debate Over Inmate Rights

The decision from the federal court has sparked ongoing discussions about the rights of transgender individuals in prison settings. Debates continue about balancing medical necessity with regulatory policy and how best to accommodate diverse needs within correctional facilities.

Those in favor of the policy argue it maintains order and consistency within the prison system and ensures healthcare resources are applied judiciously. On the other hand, critics argue that it serves as a barrier to needed medical interventions.

The ruling also opens the door for future legal challenges as advocates for transgender rights within correctional contexts look to test the policy’s limits. The broader legal landscape could see shifts depending on outcomes in related cases.

As this case exemplifies, legal battles around such policies may set precedent for other states grappling with similar issues. Florida’s approach, some argue, might pave the way for other states considering similar restrictions.

Written By:
Mae Slater

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