Prisoners have no 'constitutional right' to sex changes, red-state AG tells court in brief backing Trump
Federal and state authorities are operating within the bounds of the U.S. Constitution when they deny federal prisoners access to taxpayer-funded sex change procedures for transgender inmates, Indiana Attorney General Todd Rokita told a U.S. district court this week.
Rokita filed a 24-state amicus brief in support of President Donald Trump's legal effort to uphold his executive order, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," which prohibits the use of federal taxpayer dollars for transgender procedures for inmates.
"If we're to lose this case, the floodgates will open, and you will see an unending amount of these cases being filed. Costs are going to go up for the state of Indiana to accommodate these unneeded, unnecessary and dangerous surgeries," Rokita told Fox News Digital in an interview Wednesday.
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Rokita is also helping his state fight a two-year legal battle brought on by the American Civil Liberties Union (ACLU) on behalf of a transgender inmate — convicted of killing his 11-month-old baby — to receive a sex-change surgery.
The federal judge in the case, Clinton appointee Richard Young, repeatedly ruled that the inmate must be given gender surgery at the "earliest opportunity," despite Indiana's law barring the state Department of Corrections from using taxpayer funds to cover sex reassignment surgeries for inmates. Rokita has filed an appeal of that decision.
"It's absolutely imperative that not only President Trump's executive orders stand, but that Indiana wins this case," Rokita said.
Both Rokita and the Trump administration's cases deal with the accusation that prohibiting so called "gender-affirming care" for inmates violates the Eighth Amendment's prohibition of "cruel and unusual punishment."
In the Trump case, an inmate anonymously identified as Maria Moe, is being represented by advocacy groups GLBTQ Legal Advocates & Defenders and National Center for Lesbian Rights and Lowenstein Sandler LLP. Once Trump signed the executive order, Moe was transferred to a men's prison facility, and BOP records changed the sex from "female" to "male," the complaint says.
Several inmates who signed onto the lawsuit as plaintiffs were also transferred to men's facilities to match their biological sex, but are now being sent back to women's facilities after U.S. District Judge Royce Lamberth, a Reagan appointee, issued a preliminary injunction blocking the executive order last week.
"The politics of some of these courts these days, and playing into this is really a head scratcher," Rokita said. "But the chaos that would ensue in the prison system, with all these jailhouse lawyers, all of a sudden… the expense of the taxpayer would be astronomical."