Gender-Affirming Care, Incarceration, and the Eighth Amendment.

As outlined in Estelle v Gamble (1976), the 8th Amendment to the US Constitution requires that states provide adequate care for people who are incarcerated-but what constitutes "acceptable" care under professional guidelines is frequently at odds with the standard of care used by clinicians outside of carceral facilities. Outright denial of standard care runs afoul of the Constitutional prohibition on cruel and unusual punishment. As the evidence base that undergirds standards of care in transgender health has evolved, people who are incarcerated have sued to expand access to mental health and general health care, including hormonal and surgical interventions. Carceral institutions must transition from lay administrative to licensed professional oversight of patient-centered, gender-affirming care.

[1]  S. Reisner,et al.  Standards of Care for the Health of Transgender and Gender Diverse People, Version 8 , 2022, International journal of transgender health.

[2]  Sarah Ortlip-Sommers Living Freely Behind Bars: Reframing the Due Process Rights of Transgender Prisoners , 2021, Columbia Journal of Gender and Law.

[3]  A. Keuroghlian,et al.  Association Between Gender-Affirming Surgeries and Mental Health Outcomes. , 2021, JAMA surgery.

[4]  V. Jenness,et al.  The social ecology of sexual victimization against transgender women who are incarcerated: A call for (more) research on modalities of housing and prison violence , 2021 .

[5]  Wade Luquet,et al.  Legal Battles: Transgender Inmates’ Rights , 2020 .

[6]  C. Ford,et al.  Health Implications of Housing Assignments for Incarcerated Transgender Women. , 2020, American journal of public health.

[7]  J. Sumner,et al.  Sexual victimization against transgender women in prison: Consent and coercion in context , 2019, Criminology.

[8]  N. Kendig,et al.  Developing Correctional Policy, Practice, and Clinical Care Considerations for Incarcerated Transgender Patients Through Collaborative Stakeholder Engagement , 2019, Journal of correctional health care : the official journal of the National Commission on Correctional Health Care.

[9]  S. Reisner,et al.  Creating, reinforcing, and resisting the gender binary: a qualitative study of transgender women's healthcare experiences in sex-segregated jails and prisons. , 2018, International journal of prisoner health.

[10]  S. Reisner,et al.  Improving correctional healthcare providers' ability to care for transgender patients: Development and evaluation of a theory-driven cultural and clinical competence intervention. , 2017, Social science & medicine.

[11]  Kirsty A. Clark,et al.  "What's the right thing to do?" Correctional healthcare providers' knowledge, attitudes and experiences caring for transgender inmates. , 2017, Social science & medicine.

[12]  David A. Klein,et al.  Military Family Physicians' Readiness for Treating Patients With Gender Dysphoria , 2017, JAMA internal medicine.

[13]  S. Reisner,et al.  What's in a Guideline? Developing Collaborative and Sound Research Designs that Substantiate Best Practice Recommendations for Transgender Health Care. , 2016, AMA journal of ethics.

[14]  Daniel M. Schneider Decency, Evolved: The Eighth Amendment Right to Transition in Prison , 2016 .

[15]  Mary K. Stohr The Hundred Years’ War: The Etiology and Status of Assaults on Transgender Women in Men's Prisons , 2015 .

[16]  J. Grant,et al.  Injustice at Every Turn: A Report of the National Transgender Discrimination Survey , 2011 .