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BOP Policy Denying Hormone Therapy to Transsexual Challenged
The Bureau of Prisons' policy requiring documentation of pre-incarceration hormone therapy before the BOP will provide hormone therapy in prison is upheld.
There is a disputed factual question whether the plaintiff is similarly situated for equal protection analysis with persons who have other medical disorders, which are not subject to a heightened documentation requirement. The factual dispute goes to the effect of hormone treatment and the nature of gender identity disorder.
Regardless of the "similarly situated" question, defendants' policy meets the rational basis test, since patients' self-reporting of condition and current level of treatment cannot be taken at face value, but must be verified to protect the patient's health and safety.
The Bureau of Prisons says it would not provide hormone therapy in any case because this plaintiff has AIDS and complications might result. See: Farmer v. Hawk-Sawyer, 69 F.Supp.2d 120 (D.D.C. 1999).
There is a disputed factual question whether the plaintiff is similarly situated for equal protection analysis with persons who have other medical disorders, which are not subject to a heightened documentation requirement. The factual dispute goes to the effect of hormone treatment and the nature of gender identity disorder.
Regardless of the "similarly situated" question, defendants' policy meets the rational basis test, since patients' self-reporting of condition and current level of treatment cannot be taken at face value, but must be verified to protect the patient's health and safety.
The Bureau of Prisons says it would not provide hormone therapy in any case because this plaintiff has AIDS and complications might result. See: Farmer v. Hawk-Sawyer, 69 F.Supp.2d 120 (D.D.C. 1999).
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Related legal case
Farmer v. Hawk-Sawyer
| Year | 1999 |
|---|---|
| Cite | 69 F.Supp.2d 120 (D.D.C. 1999) |
| Level | District Court |
| Injunction Status | N/A |