The U.S. Constitution is meant to protect all of those who reside in the United States of America, no matter who you are or who you’ve been. The Eighth Amendment specifically protects against the cruel and unusual punishment at the hands of the state. Transgender people compose a small fraction of our country, and thus the percentage that winds up as defendants in our criminal justice system is even lower. Nonetheless, their status as a minority should not result in stripping them of their rights. In countless cases we have seen the state enact cruel and unusual punishment against this marginalized group by housing them without consideration for their gender identity. This means placing transwomen in male facilities or transmen in female facilities, depriving trans individuals of their gender-affirming, refusing to protect them from fellow inmates, or simply throwing them in solitary indefinitely “for their own good” (Coppola, 2023, pp. 649, 652, & 657). 

While incarcerated in these inhumane conditions, many trans inmates attempt self-harm, castration, and/or suicide. Sometimes they succeed. The cases of Diamond v Owens (2015) and Lynch v. Lewis (2015) both took place in the state of Georgia and are public record, I suggest you take the time to peruse them. Both women had issues with receiving their HRT (hormone replacement therapy) due to freeze-frame policies that the Department of Justice has declared unconstitutional (Center for Constitutional Rights, 2020), both were placed in male facilities where they suffered physical and sexual abuse at the hands of staff and fellow inmates, and both considered/attempted self-harm or worse (Diamond v. Owens, 2015; Lynch, 2023; Lynch v. Lewis, 2015). Christina Lynch has released a vulnerable essay in Business Insider that details her story outside of the case’s legal jargon and refusal to use Ms. Lynch’s preferred pronouns. The mistreatment of trans inmates is a national issue but by the looks of these cases and the fact that the DOJ had to launch an investigation against the GDC after one of Diamond’s first lawsuit, Georgia is good place to start.

Not all trans people wish to have gender affirming surgeries. But in the cases of individuals who are willing to attempt castration/mutilation, without anesthesia, in the unsanitary conditions of prison, with the possibility of bleeding out or becoming infected, surgery becomes a life-saving procedure. Suicide is the number one reason of death in prisons (Seiter, 2020, p. 84), and if intersectionality is to be taken seriously, The National Library of Medicine found that “suicide attempt rate among transgender persons ranges from 32% to 50% across the countries.” (Virupaksha et al., 2016, p. 506).  

The federal Prison Rape Elimination Act (PREA) was initially passed more than 20 years ago, in 2023 with the purpose of reducing the sexual assault of all inmates. The act had to wait over a decade before it was implemented in 2012, during which specific safeguards for trans inmates were added (Malkin & DeJong, 2018, p. 393). Though transgender inmates are in the minority, PREA made it regular procedure to “interview transgender people when they arrive and then every six months afterward” (Sosin 2020), so that they may be able to report sexual assault. 

The fact that this made it into law indicates trans inmates are sexually victimized on a frightening level. Prison is scary for anybody, it’s hard being away from society, from loved ones, losing your sense of privacy and identity. People should not expect to be sexually assaulted while incarcerated.  

Just in this year alone, 669 anti-trans bills have been introduced (Trans Legislation Tracker, 2024). Most of them have not passed, but the transphobic sentiment is clear, nonetheless. Yes, the DOJ has launched an investigation on Georgia’s Department of Corrections due to their negligence and abuse of LGBTQIA+ inmates and landmark cases like those of Ashley Diamond and Christina Lynch have made immense progress, but we can’t stop there. Let’s remember that the GDC’s “own policies acknowledge that trans people in custody face a heightened vulnerability to sexual assault, and a series of factors should be considered when determining housing placement, including the individual's desired placement and safety risks.” (Center for Constitutional Rights, 2020), all while PREA had already been in effect. They were completely aware of how vulnerable trans people are and they still did nothing but escalate the abuse Lynch, Diamond, and nameless others suffered.  

Signing this petition and taking action against the states that have chosen to partake in unconstitutional behaviour against this marginalized group is a way of upholding the U.S. Constitution., standing up against corruption, and demonstrating allyship.  

Please show your support for trans inmates in Georgia by contacting the governor, Brian P. Kemp. 
Primary 
(404) 656-1776 
Visit: (details) 
206 Washington Street 
111 State Capitol 
Atlanta, GA 30334 
Mail to 
206 Washington Street 
Suite 203, State Capitol 
Atlanta, GA 30334 

References

Center for Constitutional Rights. (2020, November 20). Fighting for the Safety, Health, and Dignity of Incarcerated Trans People in Georgia. Center for Constitutional Rights. https://ccrjustice.org/fighting-safety-health-and-dignity-incarcerated-trans-people-georgia

Coppola, F. (2023). Gender identity in the era of mass incarceration: The cruel and unusual segregation of trans people in the United States. International Journal of Constitutional Law, 21(2), 649-672. https://doi.org/10.1093/icon/moad046 

Diamond v. Owens, 131 F. Supp. 3d 1346 - Dist. Court, MD Georgia 2015 

Lynch, C. A. (2023, March 31). I'm a trans woman of color in an all-male prison. I had to fight for my right to gender-affirming care behind bars. Business Insider. https://www.businessinsider.com/trans-woman-of-color-male-prison-georgia-gender-affirming-care-2023-2 

Lynch v. Lewis, Civil Action No. 7:14-CV-24 (HL) (M.D. Ga. Mar. 23, 2015)

Malkin, M. L., & DeJong, C. (2019). Protections for Transgender Inmates Under PREA: a Comparison of State Correctional Policies in the United States. Sexuality Research & Social Policy, 16(4), 393-407. https://doi.org/10.1007/s13178-018-0354-9

Seiter, R. P. (2020). Corrections: An Introduction. Pearson Education.

Sosin, K. (2020, February 26). Transgender women are nearly always incarcerated with men. That's putting many in danger. NBC News. Retrieved April 30, 2024, from https://www.nbcnews.com/feature/nbc-out/transgender-women-are-nearly-always-incarcerated-men-s-putting-many-n1142436

Trans Legislation Tracker. (2024). Trans Legislation Tracker: 2024 Anti-Trans Bills. Retrieved November 23, 2024, from https://translegislation.com/

Virupaksha, H. G., Muralidhar, D., & Ramakrishna, J. (2016). Suicide and suicidal behavior among transgender persons. Indian Journal of Psychological Medicine, 38(6), 505-509. https://doi.org/10.4103/0253-7176.194908