U.S. Vice President Kamala Harris helps a coverage that offers transgender individuals who depend on the federal government for medical care — together with these in jail and immigration detention — entry to transition therapy, together with surgical care.
- Vice President Kamala Harris did specific help for a coverage that might give entry to trans individuals who rely on state-funded well being care — together with inmates and detained immigrants — to gender-affirming care, which incorporates surgical procedure.
- Nonetheless, this has been the coverage in federal prisons since not less than 2016, based on Bureau of Federal Prisons’ steering issued in 2016 and up to date in 2022. The coverage follows on the medical suggestions of each main medical affiliation within the U.S.
Throughout the Sept. 10, 2024, presidential debate, former U.S. President Donald Trump accused his opponent, Vice President Kamala Harris, of supporting “transgender operations on unlawful aliens which might be in jail.” The video clip of the controversy circulated broadly on social media:
This X submit (archived) had amassed 12.3 million views and 167,000 likes as of this writing. Throughout the debate, Trump added, “it is a radical left liberal that might do that.” Later, X and Tesla proprietor and Elon Musk shared a video of Harris asserting the identical factor.
The rumor appeared within the type of a TV commercial for the Trump marketing campaign on the finish of September 2024 that claimed “even the liberal media had been shocked” by Harris’ stance on gender-affirming surgical procedure for inmates (archived):
Voice-over: Kamala helps taxpayer funded intercourse adjustments for prisoners.
Harris: … surgical procedure for prisoners, for prisoners, each transgender inmate within the jail system would have entry.
Voice-over: It is onerous to consider, nevertheless it’s true, even the liberal media was shocked. Kamala helps taxpayer funded intercourse adjustments for prisoners and unlawful aliens.
Harris: Each transgender inmate would have entry.
Voice-over: Kamala is for they/them. President Trump is for you.
Trump: I am Donald J. Trump and I approve this message.
The declare is true. Throughout her first presidential marketing campaign in 2019 and 2020, Harris endorsed gender-affirming surgical procedure for individuals who rely on the state to obtain well being care. In a 2019 questionnaire for the American Civil Liberties Union, Harris answered “sure” to query 14, which requested:
As President will you employ your govt authority to make sure that transgender and nonbinary individuals who depend on the state for medical care — together with these in jail and immigration detention — may have entry to complete therapy related to gender transition, together with all vital surgical care? If sure, how will you accomplish that?
After ticking the “sure” field, she elaborated, including that she had already supported these insurance policies in her capability as lawyer common of California (emphasis ours):
It can be crucial that transgender people who depend on the state for care obtain the therapy they want, which incorporates entry to therapy related to gender transition. That is why, as Lawyer Basic, I pushed the California Division of Corrections and Rehabilitation to offer gender transition surgical procedure to state inmates. I help insurance policies guaranteeing that federal prisoners and detainees are capable of receive medically vital take care of gender transition, together with surgical care, whereas incarcerated or detained. Transition therapy is a medical necessity, and I’ll direct all federal companies liable for offering important medical care to ship transition therapy.
By definition, people who find themselves held in federal detention amenities for migrants and federal prisons rely on the state for medical care, which is subsequently funded with taxes. It is the place of all reputable medical associations within the U.S. that gender-affirming care is well being care, and that the course of therapy needs to be agreed by a affected person (and their household if they’re younger) and their physician. The Federal Bureau of Prisons of the Division of Justice issued guidance in 2022 relating to the therapy of transgender offenders, and it outlines the process for inmates to request surgical procedure:
9. Surgical procedure
Whereas not all inmates who establish as transgender could also be desirous about in search of surgical intervention, such a choice doesn’t preclude them from acquiring different lodging as described on this Program Assertion. For transgender inmates in Bureau custody, surgical procedure would be the ultimate stage within the transition course of and is usually thought-about solely after one 12 months of clear conduct and compliance with psychological well being, medical, and programming companies on the gender affirming facility. As soon as that interval elapses, an inmate might submit a request to his or her Warden requesting surgical consideration. The Warden will ahead the request to the TEC [Transgender Executive Council]. The TEC is the only real physique who might decide that every one milestones and particular person objectives for surgical consideration have been met. When this happens, the case is referred to the company’s Medical Director for medical consideration. She or he might overview present information and/or interview the inmate, establishment workers, and members of the TEC. After this individualized evaluation, the Medical Director will decide if the surgical procedure is medically acceptable for referral to a gender affirming surgeon.
In impact, offering gender-supporting care in federal detention amenities, together with surgical procedure, was already the coverage by the point this declare started to unfold. In truth, these insurance policies have been in place since at least 2016, based on the BOP.
In an interview on CNN at the end of August 2024, Harris outlined a few of methods she modified her coverage proposals, however she additionally added that her “values haven’t modified.” As of this writing, she hadn’t modified her place on giving trans inmates entry to gender-affirming care, together with surgical procedure.
