Anthony Loveday, a man who identifies as a woman and who is currently incarcerated, claims the state’s refusal to provide him hormones “amounts to cruel and unusual punishment.”
Loveday, who is represented by the ACLU of Indiana, filed a lawsuit against the Indiana Department of Correction (“DOC”) in the U.S. District Court for the Southern District of Indiana. The lawsuit alleges Loveday’s gender dysphoria causes “mental anguish stemming from the discrepancy between [his] identification as a female and the physical male attributes with which [he] was born” and that he “experiences anxiety, depression, and suicidal ideation as a result of her condition.”
According to the DOC’s response to the complaint, the DOC “has an informal policy … that if an offender did not enter the DOC already on Hormones, the contractual medical staff nor the IDOC are not under any obligation to provide hormone therapy for offenders who discover they are Transgender while incarcerated.”
Loveday plead guilty and was convicted in 2008 of possession of methamphetamine, possession of a firearm by a serious violent felon, and possession of child pornography. He is currently serving a 39-year sentence at the Indiana State Prison in Michigan City, IN. He was previously convicted of child molestation and sexual battery in 1995.