SALT LAKE CITY — The U.S. Department of Justice has filed a lawsuit against the state of Utah, accusing it of violating the Americans with Disabilities Act by discriminating against a transgender inmate.
The lawsuit, filed Tuesday in federal court in Salt Lake City, accuses Utah's Department of Corrections of failing to provide access to healthcare services for the inmate, who requested hormone therapy and housing changes, as well as access to female clothing items. Denials by the agency led to the inmate harming herself, the lawsuit claims.
"People with gender dysphoria, including those held in jails and prisons, are protected by the Americans with Disabilities Act and are entitled to equal access to medical care just like anyone else with a disability," Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, said in a statement after the lawsuit was filed.
The Utah Department of Corrections referred FOX 13 News to a statement it made when the Justice Department announced its findings in March.
"We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards," Corrections director Brian Redd said at the time. "We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach."
The Utah State Legislature this year passed a bill that gave the Utah Department of Corrections discretion in determining where to house a transgender inmate based on safety. The bill passed largely along party lines in the House, but won unanimous support in the Senate.
House Majority Whip Karianne Lisonbee, R-Clearfield, who sponsored House Bill 316, appeared to reference a situation in Utah's prison system that motivated her bill.
"I am aware of one case in which the inmate had perpetrated violent crimes against members of the opposite biological sex and later requested to be housed with inmates of the opposite sex," she told the House Judiciary Committee. "Obviously, granting these requests without further conducting a detailed analysis of the specific circumstances and risk factors could jeopardize the safety of other inmates or correctional staff."
The LGBTQ+ rights group Equality Utah said the bill was amended to incorporate best practices and advocated for a case-by-case analysis on transgender inmate safety. The Utah Eagle Forum said it supported the bill. The American Civil Liberties Union said it opposed the bill over concerns that transgender inmates could be placed in danger while their situation was evaluated.
