Federal judge orders California prison to grant inmate sex change News
Federal judge orders California prison to grant inmate sex change

[JURIST] US District Judge Jon Tigar [official profile] for the Northern District of California issued a decision [opinion, PDF] on Thursday ordering the California Department of Corrections to grant a transgender inmate’s sex reassignment surgery. Michelle-Lael Norsworthy began living as a woman in the 1990s while in state prison, where she was later diagnosed with severe gender dysphoria. Ms. Norsworthy received counseling and hormone therapy from the department of corrections, but her request for sex reassignment surgery (SRS) was denied by the department, who cited a policy against approving SRS as a treatment for transgender inmates. Ms. Norsworthy brought a suit seeking a preliminary injunction, which would require the department of corrections to grant her request for SRS. In his decision, Judge Tigar stated that the California Department of Corrections violated Eighth Amendment [text] protections against cruel and unusual punishment, and the Equal Protection clause within the Fourteenth Amendment [text]. Should the Department of Corrections comply with the court order, Ms. Norsworthy would be the first inmate to undergo the SRS procedure.

The fight for LGBT rights is currently hotly contested and extremely salient. Last week the Indiana Senate approved a “religious freedom” bill [JURIST report, SB 101] that allows business owners to turn away patrons based on sexual orientation for the purpose of preventing undue burden on business’ owners religious beliefs. Earlier this month the Oregon and Iowa [legislative materials] legislatures passed [JURIST report] measures that would prevent health care professionals from providing counseling intended to change a persons sexual orientation, also known as “conversion therapy.” The day before, a transgender inmate from Massachusetts filed a petition [cert. petition, PDF] for certiorari to the Supreme Court [official website], asking [JURIST report] a ruling that denied her the ability to obtain SRS to be overturned. While Utah lawmakers proposed [JURIST report] a bill [text] earlier this month that would add protections against LGBT discrimination in the workplace and housing, the Arkansas legislature passed [JURIST report] a bill [SB 202] that prohibits such protections to be utilized.

THIS DAY @ LAW

Justice Department brings anit-trust action against AT&T

On November 20, 1974, the Department of Justice filed its final anti-trust suit against AT&T. United States v. AT&T was ultimately settled out of court with an agreement that the corporation would break up its monopoly on phone service throughout the country.

Nuremberg war crimes trials began

On November 20, 1945, the war crimes trials of Nazi World War II leaders began in the German city of Nuremberg. Review the Nuremberg Tribunal's Charter and the verdicts and sentences handed down on major war figures.

Winston Churchill born

On November 20, 1874, Sir Winston Churchill was born in Woodstock, England. He would go on to lead the United Kingdom as Prime Minister through World War II. Toward the end of the war, Churchill worked with US President Franklin D. Roosevelt to craft the treaties and accords that have defined the world since WWII. A 2002 poll by the BBC declared Churchill the Greatest Briton of all time.

New Jersey ratifies Bill of Rights

New Jersey ratified the Bill of Rights, a set of 10 fundamental amendments to the US Constitution, on November 20, 1789, becoming the first state to do so. The state also ratified an amendment on federal representation which ultimately failed. Additionally, New Jersey rejected an amendment on congressional salaries, which would eventually become the 27th Amendment more than 200 years later. Read the articles ratified by New Jersey.