The firestorm stemming from the early release of transgendered inmate Ashley Diamond is dwindling but the flame fanning when it comes to the bigger picture of transgenders in Georgia is still wildly ablaze.
While serving a sentence for robbery, Ashely Diamond, who was born a male but is now living life as a female filed a lawsuit with the U.S. Department of Justice after the Georgia Department of Corrections stopped administering hormone therapy. Georgia and federal law both prohibit incarceration facilities from stopping medication that was part of an inmates lifestyle prior to entering prison, however, furthering a transition through surgery or additional hormone drugs is not permitted. Once the DoJ ruled the Georgia DoC must administer the hormones, Diamond filed another lawsuit alleging repeated rape and assault charges. Shortly after, Diamond was released after serving only 3 of the 12 year prison sentence. The Georgia DoC says early release is common, but others speculate that Diamond was released because no one knew what to do with her and the lawsuits and negative publicity seemed unending.
The majority of the issues around Diamond’s case arose because Diamond was living life as a female…in an all-male prison.
This may have been the first case of its kind in Georgia, but it certainly won’t be the last. The decision to either enact a law, or push for the Georgia Department of Corrections to establish a policy, is on the shoulders of Republicans in the Georgia General Assembly. While the issue certainly isn’t sexy, or politically expedient, it is necessary.
It becomes complicated when you consider that neither the state of Georgia nor the federal government have enacted any type of policies that address things like this. It’s even messier when you consider there’s no manual that describes where a person needs to be in the transition process to be recognized by the state as another gender. What needs to happen? Do birth certificates get re-issued? Amended? What goes on with Social Security cards? While these are federal issues in some cases, what has to occur in order for a person to be legally recognized as another gender so that they are assigned to the appropriate prison facility? Where do basic human rights start and stop with transgendered adults?
What obligation does the state have in protecting these people?
As I have previously mentioned, we are far beyond societal resistance. Faith and morals can convict you in your own home, but our state needs to catch up…and quick. Otherwise, we quickly open the door for lawsuits when inmates are raped and assaulted in prison because of our own decision to place them at risk. It can and will happen. What’s worse is that is spans far beyond prisons.
It is no longer about whether or not you agree. This isn’t a private business baking a cake. This is a state-funded operation that is going to cause problems continuously if something isn’t done. Permanent isolation? Separation dorms for transgendered people? Try something. Start somewhere. Otherwise, lawsuit settlements are paid by taxpayers. We can’t keep turning a blind eye simply because we don’t know what to do. Georgia needs to work toward a policy. Now.