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A claim by former President Donald Trump asserts that Vice President Kamala Harris supports gender-affirming surgery for transgender individuals in detention facilities. This assertion is indeed true. 2019 saw Harris support laws that would have given transgender people who depend on government-funded healthcare—including those incarcerated and in immigration detention—access to gender-affirming medical treatment.
Kamala is for they/them.President Trump is for you. pic.twitter.com/Yk1KBgMH4f
— Trump War Room (@TrumpWarRoom) September 20, 2024
Harris’s Support for Gender-Affirming Care
In her bid for vice-presidency in 2019, Harris vowed to give transgender people who depend on government-funded healthcare gender-affirming treatment. This covers those who are imprisoned or jailed. Harris indicated in response to an American Civil Liberties Union inquiry that she is in favor of providing thorough care for those going through gender transition.
Harris claimed that she had already pushed for gender change surgery for state prisoners in her capacity as California's attorney general. She underlined how crucial it is for transgender people who depend on public assistance to have a medical necessity. Harris promised to order federal agencies to provide inmates or detainees with the appropriate medical care for gender change.
Established Policies in Federal Facilities
In federal prisons, access to gender-affirming surgery has been the norm since at least 2016. This policy has been continuously enforced by the Bureau of Prisons and is in accordance with major medical groups in the United States. This is a policy that both President Trump and President Joe Biden have upheld in their respective administrations.
A landmark decision that ordered the first gender-affirming surgery for a federal prisoner in 2022 validated this approach. The United States Supreme Court granted an appeal in 2023, upholding the classification of gender dysphoria as a disability under the Americans with Disabilities Act.
Trump’s Accusations During the Debate
During the September 10, 2024, presidential debate, Trump criticized Harris for her stance. He accused her of supporting “transgender operations on illegal aliens that are in prison.” This statement gained traction, amassing millions of views and interactions on social media platforms. Trump characterized Harris’s support as a radical left position.
The claim that Harris supports gender-affirming surgery for prisoners is substantiated. The Trump campaign also aired advertisements stating that "even the liberal media were shocked" by Harris's position.
Clarification from Harris's Campaign
It is unclear from Harris’s campaign if she would still support these measures in 2024. Michael Tyler, the director of communications, said after the discussion that Harris’s earlier questionnaire did not accurately reflect her current recommendations. He stressed that although her principles have not changed, her campaign’s focus has.
Procedures for Gender-Affirming Surgery in Prisons
In 2022, the Bureau of Prisons released guidelines pertaining to the handling of transgender prisoners. The steps for prisoners seeking gender-affirming surgery are described in this guideline. Not every prisoner may require surgery. For those who do, however, surgery is regarded as the last resort following fulfillment of particular requirements.
A year of good behavior and adherence to medical and mental health programs is required of inmates. They can make a request after this time frame to their Warden, who will then forward it on to the Transgender Executive Council (TEC). If the patient satisfies all requirements for surgical consideration, the TEC makes that determination. The Medical Director then assesses the case for medical appropriateness.
Conclusion
In conclusion, it is true that Kamala Harris supports surgeries that give transgender inmates their desired gender identity. Since at least 2016, federal policies have encouraged access to this kind of care, and both parties have maintained these policies. There is substantial uncertainty over Harris’s future attitude because her campaign has not made it clear what she believes to be her position at this time.