Mississippi bill would allow incarcerated people sue prisons transgender inmates

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A bill earlier than Mississippi lawmakers may allow incarcerated people to sue jails and prisons in the event that they encounter inmates from the alternative intercourse, reminiscent of those that are transgender, in restrooms or altering areas.

State lawmakers superior the proposal out of a House committee Thursday. It would require inmate restrooms, altering rooms and sleeping quarters in correctional services to be designated to be used solely by members of 1 intercourse. If prisoners encounter somebody of the alternative intercourse in any of these areas, they might sue the jail below the proposal.

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Correctional services within the state are already segregated by intercourse, and Republican Rep. Gene Newman, the bill’s sponsor, couldn’t level to any instance of a Mississippi facility forcing a prisoner to share areas with somebody from the alternative intercourse. Instead, Newman mentioned, he launched the bill in response to people in different elements of the nation receiving lodging that match their gender id.

“It gives the inmate a course of action,” Newman mentioned. “Just watching things that’s happening around the country, I mean you’ve got girls sports. You’ve got men that are pretending to be women just to win. It’s going to happen in prison. Men shouldn’t be in with women. Period.”

The laws defines “sex” as “a person’s biological sex, either male or female, as observed or clinically verified at birth.” It doesn’t include language about intersex people — these born with bodily traits that don’t match typical definitions for male or feminine classes.

Newman mentioned the bill was written partly by the Alliance for Defending Freedom, which describes itself as a Christian legislation agency.

Gene Newman

Mississippi Rep. Gene Newman, R-Pearl, speaks, Feb. 15, 2024, on the Mississippi Capitol in Jackson, Miss. State lawmakers superior a bill sponsored by Newman out of a House committee Thursday, Feb. 22, that would require inmate restrooms, altering rooms and sleeping quarters in correctional services to be designated to be used solely by members of 1 intercourse. If prisoners encounter somebody of the alternative intercourse in any of these areas, they might sue the jail. (AP Photo/Rogelio V. Solis)

A handout distributed to lawmakers that Newman mentioned was ready by the agency cites a California legislation that requires the state to deal with transgender inmates in prisons primarily based on their gender id — however provided that the state doesn’t have “management or security concerns.”

Transgender inmates are sometimes housed primarily based on their intercourse assigned at delivery. Advocates have mentioned that observe could be harmful for transgender girls housed in services for males.

A report on the California legislation issued by the state’s Office of the Inspector General discovered that 382 people had requested transfers primarily based on their gender id by December 2022.

The state performed hearings for 55 out of 382 requests, approving 36 and denying 19. None of the hearings throughout that interval have been for incarcerated people requesting a switch from a girls’s jail to a males’s jail, the report mentioned.

The Mississippi legislation was launched amid a broad effort in conservative states to limit transgender athletes, gender-affirming care and drag reveals. This 12 months, GOP lawmakers are contemplating a brand new spherical of payments that would limit medical look after transgender youths — and in some circumstances, adults. That marks a return to the difficulty a 12 months after a wave of high-profile payments grew to become legislation and sparked lawsuits.

In 2023, Newman sponsored Mississippi’s legislation banning gender-affirming hormones or surgical procedure within the state for anybody youthful than 18.

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Newman’s newest bill awaits consideration by the complete House.

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