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Trans inmate sues Va. corrections department over denial of surgery

Lawsuit says refusal of medical care is ‘cruel and unusual punishment’

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The LGBTQ litigation group Lambda Legal on Aug. 26 filed a lawsuit in federal court against the Virginia Department of Corrections on behalf of a transgender man incarcerated at a state prison on grounds that he was illegally denied “medically necessary” care, including breast removal surgery.

The lawsuit charges that the denial of surgery for Jason Yoakam, 42, who has been assigned to the Fluvanna Correctional Center for Women in Troy, Va., since 2004, violates the Eighth Amendment of the U.S. Constitution, which prohibits “cruel and unusual punishment.”

According to the lawsuit, prison officials also denied Yoakam treatment from qualified mental healthcare providers for gender dysphoria, a medical condition experienced by transgender people widely recognized by professional associations representing the medical and mental health professions, including the American Psychiatric Association.

A statement released by Lambda Legal points out that gender dysphoria is listed as a medical condition that some transgender people experience as significant distress when their gender identity is not congruent with their sex assigned at birth.  

“Mr. Yoakam is not seeking special treatment, just access to medically necessary health care and reasonable accommodations,” said Richard Saenz, a senior attorney for Lambda Legal and one of a team of attorneys representing Yoakam in the lawsuit. “Every incarcerated person has a right to basic health care based on their medical needs and should not face discrimination because of their sex,” Saenz said in the Lambda Legal statement.

“The only thing I am asking is to be treated fairly and have access to the same standard of healthcare that other incarcerated people receive,” Yoakam said in the statement. “It has been traumatizing, isolating, and stigmatizing to be denied health care services to treat the gender dysphoria that VDOC’s own providers have diagnosed,” he said.

The lawsuit says that from an early age Yoakam has believed his female body was a “mistake” and he finds his breasts an image of “shame and disgust.” It says prison officials did provide him with a “chest binder” that compresses his breasts, but which also causes pain and skin irritation and cannot provide the necessary treatment and remedy that only surgery can bring about.

By denying him surgery and other needed medical or mental health care, the lawsuit charges, prison authorities have also violated the Equal Protection Clause of the Constitution’s 14th Amendment as well as nondiscrimination provisions under the Americans with Disability Act and the Affordable Care Act.

A spokesperson for the Department of Corrections and the facility where Yoakam is being held could not immediately be reached for comment on the lawsuit

Lambda Legal says in its statement that prison officials told Yoakam he could not be approved for the bilateral mastectomy or chest surgery he requested because it considered the surgery an “elective” procedure that was not medically necessary for treatment of gender dysphoria.

The Washington Post reports that a Department of Corrections official told the Post in an email message that its internal guidelines for medical care for inmates calls for deciding on treatment and care requests on a case-by-case basis.

“All medically necessary treatment is available,” the spokesperson told the Post. “We follow the community standard of care.”

Court records show that Yoakam pleaded guilty in 2004 to a charge of first-degree murder and was sentenced by a Virginia judge to 30 years in prison, with nine years suspended for a total of 21 years of incarceration. An inmate information page on the Fluvanna Correctional Center’s website shows that Yoakam is scheduled to complete his sentence and to be released on May 23, 2022, after serving just over 18 years.

A corrections department spokesperson couldn’t immediately be reached about Yoakam’s release schedule, but correctional systems often reduce the time served for inmates based on a number of factors, including good behavior.

Court records and all official references to Yoakam at the Fluvanna Correctional Center for Women refer to him by his legal female birth name. Saenz of Lambda Legal said Yoakam is in the process of legally changing his name to Jason Yoakam.

The court records and news media reports show that Yoakam, at age 24, was arrested on a first-degree murder charge and other related charges, including illegal firearms possession, on March 3, 2004, just over four months after he allegedly shot and killed James “Jamie” Lane, 39, on Oct. 15, 2003.

The incident occurred in Lee County, Va., located in the southwestern corner of the state near the Kentucky and Tennessee borders. The Kingsport, Tenn., Times-News reported in a Dec. 3, 2003, story that Yoakam was identified at that time as a lesbian woman who became enraged when his girlfriend left him to begin a relationship with Lane.

“Testimony from a number of witnesses indicated that the shooting may have stemmed from a love triangle with a twist,” the Times-News reported.

The newspaper reported that Lane’s ex-wife, Tonya Garrett Lane, 30, who is Yoakam’s half-sister, was charged with allegedly conspiring to murder the ex-girlfriend of Yoakam who reportedly left Yoakam to begin a relationship with her ex-husband.

“The ex-Mrs. Lane was apparently involved because she didn’t want her children ‘being raised by a (expletives deleted) lesbian,’” the Times-News reported based on testimony in court.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.

Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.

At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.

In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.

Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.

According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.

Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.

As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.

WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.

“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”

“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”

WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.

The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.

“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.

He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.

South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.

Truett remains in jail as of publication.

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