Texas Insider Report: AUSTIN Texas Attorney General Ken Paxton today commended last Fridays decision by the U.S. Court of Appeals for the 5th Circuit that Texas prison officials do not violate transgender inmates constitutional rights against cruel and unusual punishment by refusing to provide them with gender reassignment surgery.
The 5th Circuits decision is a win for Texas taxpayers and the rule of law" Attorney General Paxton said. Americans strongly believe in the legal and moral obligation to assure our criminal justice system imposes appropriate and humane penalties but the 5th Circuits faithful analysis of the Constitution makes clear that obligation does not give convicted criminals a constitutional right to a taxpayer-funded gender reassignment surgery."
In a 2-1 decision the 5th Circuit ruled against inmate Scott Lynn Gibson whos serving a 20-year prison sentence for the murder of another inmate 13 years for a deadly assault attempt on a correctional guard and 18 years for aggravated robbery. Gibson challenged the Texas Department of Criminal Justices policy that provides hormone and mental health treatment but does not allow sex-change surgery as treatment for Gibsons diagnosed gender identity disorder.
Writing for the majority 5th Circuit Judge James Ho concluded that under established precedent it can be cruel and unusual punishment to deny essential medical care to an inmate. But that does not mean prisons must provide whatever care an inmate wants."
View a copy of the decision here.
