LOUISVILLE, Ky. (LEX 18) — The American Civil Liberties Union of Kentucky has filed a class action suit that they say is aimed at seeking relief for transgender people who are incarcerated and are "being deprived of medically necessary and appropriate treatment for Gender Dysphoria."
The ACLU of Kentucky detailed that the lawsuit is against Kentucky Department of Corrections officials and a corporate healthcare provider.
The lead plaintiff, identified by the ACLU in a release as Maddilyn Marcum, first received a diagnosis of Gender Dysphoria in 2009, and went on to receive hormone therapy under a licensed medical provider's care for five years before being incarcerated.
The release read that the Department of Corrections initially refused to "provide her with care," however, they reportedly "eventually acknowledged" Marcum's diagnosis in 2016 and "recognized the medical necessity of prescribing hormone therapy."
ACLU reported that Marcum explained why she is suing the department.
Untreated Gender Dysphoria creates a substantial risk of severe physical and psychological harm to the individual, which I have personally suffered from in my life. This case is not about a lifestyle choice, it is about ensuring that I and others receive medically accepted, appropriate healthcare for a diagnosed condition.
“People who are incarcerated are already serving the sentence they received,” said William Sharp, senior staff attorney for the ACLU of Kentucky. “But that sentence does not include, nor does the Constitution permit, that they also be denied adequate healthcare simply because politicians disagree with the treatment that the medical community recognizes as appropriate and that medical providers have prescribed.”
