One of the fastest growing populations within prison is transwomen. However, the prison system was originally designed for cisgender men, making it a cis-male-centric institution. Due to the twofold understanding of gender within our legal system, prison/corrections centers do not have proper training and procedures for dealing with trans bodies. Therefore, the court systems depend on a person’s assigned gender at birth to determine whether they are sent to a male or female prison/ correctional facility.
Consequently, this leads to mass incarceration of transwomen in male prisons and corrections centers. No matter if these women have physically transitioned (i.e. feminizational surgeries, etc.), or are living their lives as women. Unfortunately, the court system will still house them in male facilities.
This uneducated and uncultured act of mis-gendering by the judicial system places these women in an environment polluted with heterosexism, sexism, transphobia and violence. Transwomen are extremely vulnerable to rape and sexual violence, both by their fellow prisoners and prison guards.
If a transwoman reports being raped they’re often placed in solitary confinement for their “protection”. Solitary confinement is used as a method of punishment for prisoners. So, why is it that when – and only when – a transwoman is placed in solitary confinement is it ever for “safety” purposes?
Even if someone doesn’t enter solitary confinement with preexisting mental health condition, it’s possible for them to develop a specific psychiatric syndrome due to the effects of isolation. A study by Dr. Stuart Grassian notes that it is characterized by severe panic attacks, difficulties with thinking, concentrating, and problems with impulse control. The irreparable damages caused by solitary confinement are unjustifiable.
What states provide incarcerated transwomen with feminizational surgeries and/or other care?
A handful of states, like Colorado, have written policies regarding genders-affirming care and surgery. However, getting access to care isn’t so easy. In 2017, California became the first state to establish policies on gender-affirming medical care in prisons.
In 2019, a three-judge panel ruled that the state of Idaho was required to perform a surgery that officials had previously denied. Several states have followed California in adopting gender-affirming policies for prisoners. Connecticut and Massachusetts allow prisoners to be transferred to facilities according to their chosen gender identity. New Jersey, New York City, and Rhode Island also require that prisoners be housed in facilities according to their gender.
Here is a list of helpful resources for you and/or your incarcerated friend or loved one:
Books to prisoners: https://lgbtbookstoprisoners.org/other-resources/
Prisoners rights: https://www.aclu.org/issues/prisoners-rights?redirect=prisoners-rights
Black and Pink: https://www.blackandpink.org/
TGI Justice Project: https://tgijp.org/
* The beliefs, opinions, values, and perspectives expressed/shared by our guests, interviewees, and guest bloggers are indeed their own and not that of PrisonBaes LLC.
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