What you need to know about the Wisconsin § 302.386(5m), enacted January 6, 2006, also known as the ?Inmate Sex Change Prevention Act.?
In bill form back in 2005 this was;
Quote:
2005 ? 2006 Legislature
LRB?1941/2
GMM:jld:rs
ASSEMBLY BILL 184
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION
1. 302.386 (5m) of the statutes is created to read:
302.386 (5m) (a) In this subsection:
1. ?Hormonal therapy? means the use of hormones to stimulate the
development or alteration of a person?s sexual characteristics in order to alter the person?s physical appearance so that the person appears more like the opposite gender.
2. ?Sexual reassignment surgery? means surgical procedures to alter a person?s physical appearance so that the person appears more like the opposite gender.
(b) The department may not authorize the payment of any funds or the use of any resources of this state or the payment of any federal funds passing through the state treasury to provide or to facilitate the provision of hormonal therapy or sexual reassignment surgery for a resident or patient specified in sub. (1).
SECTION 2.0 Initial applicability.
(1) PROVISION OF HORMONAL THERAPY OR SEXUAL REASSIGNMENT SURGERY.
This act first applies to hormonal therapy, as defined in section 302.386 (5m) (a) 1. of the statutes, as created by this act, or sexual reassignment surgery, as defined in section 302.386 (5m) (a) 2. of the statutes, as created by this act, provided on the effective date of this subsection
Then, starting in 2006 with this bill AS THE
LAW OF WISCONSIN, corrections immediately went to town and cut
EVERY TRANS INMATE IN THE SYSTEM'S HRT DOSAGES IN HALF starting on January 12, 2006
The system then cut off hrt completely on March 13, 2006. Several inmates filed, and got a temporary injunction but it wasn't in effect until
AUGUST of 2006.
http://64.233.169.104/search?q=cache:ulqRSeRqi0YJ:bulk.resource.org/courts.gov/pacer/wisconsin/wiedce/2:2006cv00112/39527/10/0.pdf+%C2%A7+302.386(5m)&hl=en&ct=clnk&cd=1&gl=us
Yet it seems that the law was still, for some inmates- being followed at least through another year... and in 2007 another inmate had to file a separate temporary injunction, and that one wasn't put into effect until October 2007:
http://64.233.169.104/search?q=cache:fskElgKEKQIJ:bulk.resource.org/courts.gov/pacer/wisconsin/wiedce/2:2007cv00928/44918/7/0.pdf+%C2%A7+302.386(5m)&hl=en&ct=clnk&cd=2&gl=us
I can find separate cases were some prisoners were able to successfully join the temp injunction, but in no cases has this law been overturned.
The wonderful (<-Sarcasm) Wisconsin state government had this to say about HRT:
Quote:
In the official press release announcing the passage of the Inmate Sex Change Prevention Act, state legislators skeptically characterized GID as ?a condition in which people claim to feel ?uncomfortable? with their biological sex? (emphasis added); further, the legislators referred to hormone therapy and gender-related surgery as ?bizarre treat-
ments,? ?experimental,? and, in the prison context, amounting to ?extreme prison make-overs.? Press Release, Wisconsin Legislature, Suder/Kanavas ?Inmate Sex Change Prevention Act? Becomes Law (Jan. 6, 2006),
http://www.legis.state.wi.us/assembly/asm
69/news/Press.Suder%20Inmate%20Sex%20Change%20Gov.%20Signi ng.1-6-06.htm
Source for above quote: http://64.233.169.104/search?q=cache:2oplTMIuCVYJ:www.law.harvard.edu/students/orgs/jlg/vol312/447-472.pdf+%C2%A7+302.386(5m)&hl=en&ct=clnk&cd=5&gl=u s
Then in August 2007, the trans inmates in the system with help from the ACLU and LAMBDA Legal tried to get this to be a class-action lawsuit. Being trans, the odds in the legal system were stacked against them, and the
US District Judge involved denied the request, after arguing that some on the list weren't even trans (as if he has the credentials to diagnose strangers...).
However none of these efforts have born fruit- THIS IS STILL THE LAW OF WISCONSIN AS OF TODAY, don't believe me? Look up 302.386 5m for yourself:
http://www.legis.state.wi.us/statutes/Stat0302.pdf
See page 18.
I even made it easy for you all and attached a screen shot of the law (below).
So here's my commentary:
1- Wisconsin's state politicians have no trouble violating the civil liberties of trans citizens of that state.
2- You can't assume everyone in the system is there from their own actions. Innocent people do, and in the case of trans people- often, get falsely accused, falsely convicted, and deal with a sense of "justice[?]" that is different entirely from what "Joe the Plumber" would be facing for the same crime(s).
3- Even with the heavy hitters like the ACLU onboard, this law hasn't been overturned. As an individual, do not assume you'll be able to fair any better- you'd be dead wrong.
4- I can't even find anyone going out of their way to fight this bill as of today (Oct. 2008), so for now at least, the law is here to stay.
5- If you're trans, don't live in Wisconsin. If you end up in prison, even if you have a clear GID diagnosis, even if you get HRT with slips- there is NO WAY TO KNOW if you'll be able to get hrt, in fact the odds would be against it, THE LAW WOULD BE AGAINST IT, and even if your legal challenges are successful, it would mean going off HRT for who knows how many months or years while your legal actions are pending!