The prisoner, born a man for civil status, suffers from severe gender dysphoria and has been asking the penitentiary administration for several years for sexual reassignment surgery. A federal appellate court found in his favor and sentenced Idaho to grant his request.
A US federal court of appeal has ordered the state of Idaho to provide a transgender inmate, who suffers serious identification disorders and risks self-mutilation, with the surgical treatments required for "Sexual reassignment".
For the judges, denying this care in the case of Adree Edmo amounts to inflicting a form of "Cruel and unusual punishment", which is formally prohibited by the US Constitution.
Adree Edmo was born a man for civil status, but she explains that she has been a woman since the age of five or six. Now 31, she has been in detention since recognizing sexual abuse of a 15-year-old boy at a party in 2012.
It was during her incarceration that Adree Edmo obtained her change of sex on her birth certificate.Despite hormonal treatment given by the prison administration in 2012, Adree Edmo still suffers from "Severe gender dysphoria"in other words, a deep sense of inadequacy between his body and his identity, particularly fueled by his masculine sexual attributes.
According to the documents examined by the court, Adree Edmo twice tried to castrate himself with a razor blade. "I do not want to die, but I'm a woman, and women do not have that", she wrote during her first attempt, in 2015.
She continues to inflict mutilations on her arms and is at risk of suicide, according to the judgment of the Court of Appeal.
Governor "extremely disappointed"
After unsuccessfully applying for years to the prison administration a surgical operation of "Sexual reassignment"Adree Edmo has finally seized justice in 2018.
The court of appeal of the 9th Circuit, based in San Francisco and competent for part of the American West, has just won, confirming the judgment in first instance.
Republican Brad Little, governor of Idaho, a rural and conservative northwestern state, has announced his intention to take the case to the country's Supreme Court.
The State "Can not divert public money crucial for public safety and reintegration of offenders", he said according to NBC News, telling himself "Extremely disappointed" judgment.
In March 2019, the Fifth Circuit Court of Appeals (competent for Texas, Louisiana and Mississippi) made a decision diametrically opposed to that of the Ninth Circuit, finding that"A state does not inflict cruel and unusual punishment by refusing to provide a sex reassignment operation to a transgender inmate".
United States. Justice Authorizes Operation of Transgender Inmate for Sexual AssignmentOuest-France.fr
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