California’s second biggest sheriff’s department has announced the addition of a policy addressing how the jail and corrections facility interacts with the transgender community.
The policy focuses on sensitive issues like arresting, searching and taking transgender people into custody. The policy focuses on reevaluating processes already in place because of the federal Prison Rape Elimination Act. It protects inmates from sexual assault. The new Riverside county policy adds parts about interacting with transgender people. “It protects the LGBT community if they get detained while they determine if they committed a crime or not,” said Thomi Clinton, a transgender activist from Desert Hot Springs.
The Connecticut Department of Insurance issued a Bulletin directing insurance companies to ensure that there is no discrimination against insured individuals with gender dysphoria and ensure that individuals are not denied access to “medically necessary care because of the individual’s gender identity or gender expression.”
Jessica Lynn’s ex-wife sued him in Texas in 2012 to terminate Lynn’s parental rights to her 12-year-old son on grounds of emotional abuse and abandonment. In an affidavit filed by Lynn’s ex-wife for a temporary restraining order in Collin County family court, she writes that the child “is not aware of the sex change of his father” and that Lynn’s threat to come to Texas to “exercise visitation” would have an “irreparable” emotional impact and be “dangerous to the mental health and emotional well-being” of their son.
J. Ryan Nordhaus, the attorney representing Lynn’s ex, filed for a gag order about the case, which was issued, preventing the parties from further discussing the matter publicly, according to Lynn’s attorney, John McCall Jr. Collin County Judge Scott Becker ruled in favor of Lynn’s ex-wife, terminating his parental rights on the grounds of abandonment, lack of child support and for being a danger to her child.
A transgender woman filed a lawsuit after he was allegedly sexually assaulted by a deputy while in jail.
Former Deputy Duane Clark, 40, was fired and arrested for sexual assault of the inmate and violation of oath by a public officer following the 2012 incident. The now former inmate said the sexual assaults happened repeatedly for almost a month while he was in the jail during January 2012.
In the federal lawsuit: “Defendant Gwinnett County, which knew or should have known that transgender inmates are at greater risk of sexual assault by detention officers, was deliberately indifferent to the risk of harm to Plaintiff by not having policies and procedures in place to address that risk other than State Law penal statues.” For example, the lawsuit claims no one was monitoring the surveillance cameras for the pod and there was not an second corrections officer assigned to the area.
In 1990, the European Court of Human Rights held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It reiterated that “gender reassignment surgery did not result in the acquisition of all the biological characteristics of the other sex” (§ 40 of the judgment). It also noted that an annotation in the birth register would not be an appropriate solution. The Court also held that there had been no violation of Article 12 (right to marry and found a family). Attachment to the traditional concept of marriage provided “sufficient reason for the continued adoption of biological criteria for determining a person’s sex for the purposes of marriage” and it was for the States to regulate by national law the exercise of the right to marry.
Assembly Bill 4097/Senate Bill 2786 was approved by a state committee in New Jersey. This bill revises the requirements for obtaining an amended certificate of birth due to a change in sex. Under current law, the State registrar is to issue an amended certificate of birth upon receipt of a medical certificate from the person’s physician indicating that his or her sex has been changed by surgical procedure. The proposed legislation would change the requirement to provide that a person could submit a form provided by the State registrar and completed by the person’s licensed health care provider that indicates that the person has undergone “clinically appropriate treatment for the purpose of gender transition, based on contemporary medical standards, or that the person has an intersex condition.”
In other words, a person can “change their sex” on their birth certificate with a doctor’s note.
Media Matters objected to right-wing reporting on this issue that used photographs of drag queens to illustrate it. In reality, the right wing media could simply have used a photograph of a a man (as above), as “contemporary medical standards” are moving away from having any surgical procedures and relying instead on the person’s “internal identity.”