Skip to comments.U.S. Supreme Court rejects Wisconsin bid to ban transgender inmate treatments
Posted on 03/26/2012 9:48:02 AM PDT by afraidfortherepublic
Washington, D.C. - The U.S. Supreme Court refused to consider reinstating a Wisconsin law that banned hormone treatments or sex-change surgeries for transgender prison inmates.
The justices Monday rejected the state's appeal of a ruling that the 2006 Wisconsin law, by withholding treatments that prison doctors deem medically necessary, violated the Eighth Amendment prohibition against cruel and unusual punishments.
Three Wisconsin inmates who are male-to-female transsexuals filed suit after prison doctors, who had diagnosed them as having gender identity disorder, stopped providing hormone treatments because of the law.
"Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture," the Chicago-based 7th U.S. Circuit Court of Appeals ruled. "Just as the legislature cannot outlaw all effective cancer treatments for prison inmates, it cannot outlaw the only effective treatment for a serious condition" such as gender identity disorder.
Wisconsin Attorney General J.B. Van Hollen, in the state's high court appeal, said gender identity disorder is a "psychological condition" and the Legislature was within its authority to say treatment should be limited to "psychotherapy, antipsychotics and antidepressants."
The Eighth Amendment "does not prohibit prison officials, prison medical personnel and, most certainly, a state legislature, from denying a small, controversial subset of the wide variety of treatment available for a particular diagnosis," the state said in its appeal.
Lawyers for the inmates said doctors in the Wisconsin prison system were the ones who diagnosed the inmates and prescribed the hormone treatments as medically necessary.
(Excerpt) Read more at jsonline.com ...
Wisconsin Transgendered Inmate Medical Treatment pin
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
and any of you think we can depend on SCOTUS to do the right thing?
Interesting implications if Obama care stays. The death panels would not be able to stop inmate care that a Dr says is necessary. Would the average citizen have the same protection?
They won’t. We’re screwed, GL.
“does not prohibit” does not mean its mandated
If SCOTUS doesn’t strike it down, the MSM will hail Obama a hero of the people, it will be seen as the greastest triumph ever.
Even if Romney wins, it won’t be repealed. Romney likes ObamaCare too.
Sad to say, this kind of crap is why I am not on the donor transplant list anymore. I’ll be damned if any of my organs are going to killers, rapists and pedophiles because we have a system that demands that there should be no preference/discrimination in who gets an organ.
The next phase of the American Revolution must be the election of thousands of principled patriots to Congress and our legislatures who understand and are committed to the imperative obligations of their sacred oaths to support our constitutions.
The phase after that must be the speedy impeachment and removal of every judge who transgresses their legitimate jurisdiction and duty.
funny how the MSM and the left, well they are the same really say that the right harps on about social issues and yet it is they who keep doing their social engineering.
We all know that obamacare will be used to do self mutilation instead of getting these people mental help, it’;s just that the MSM knows that and will ignore this and the GOP have no balls
it cannot outlaw the only effective treatment for a serious condition” such as gender identity disorder.
Since when is that a “serious disorder”? Not supposed to be any sex in prison anyway. Why does it make a difference?
Because they look in a mirror and see a “gay-asp” a face they don’t like? Tough! Its a disorder not a disease and it isn’t life threatening like a heart condition or cancer.
We are so effin doomed....
Supreme Idiots...... glad the real Supreme Court of the Universe has the ultimate final say in all things....
Romney = 0bummer-Lite. But after voting for Newt in April’s state primary, if Romney’s the nominee, I’ll “vote for the can”. We can “deal with the can”, later. We MUST get 0bummer&Co out of power.
No, what’s cruel and unusual punishment is constantly robbing taxpayers’ wallets and stomping on our rights.
This article is extremely short on the basic facts? Did they actually hear the case and vote against the appeal? Or did they just refuse to hear the appeal?
I suspect the latter, in which case this decision may not yet set a precedent, although it is certainly ominous.
> and any of you think we can depend on SCOTUS to do the right thing?
This is the court we hope will overthrow 0bama0-care.
Doesn’t look good right now.
this is beyond lunacy that the “Supreme Court” can find an “emanation of a penumbra” that encompasses this “civil right”
Well, when you’re in jail, and Bubba be gettin’ to look real puurrty, I can see where the catcher jes might want to gussy herself up as a woman!
And we pay for this shit!