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7th Circuit Strikes Down Wisconsin Sex Law
By courthousenews.com - JOSEPH CELENTINO
Published: 08/09/2011

CHICAGO (CN) - The 7th Circuit struck down Wisconsin's Inmate Sex Change Prevention Act, which bans publicly funded hormone therapy for transsexual inmates, finding that denying the treatment constitutes torture.

Three male-to-female transsexual inmates sued in 2006 after prison officials began reducing their hormone treatments in accordance with Wisconsin's newly enacted Inmate Sex Change Prevention Act.

The law prohibited use of state funds to "facilitate the provision of hormonal therapy or sexual reassignment surgery."

It also applied to people who had come into prison diagnosed with gender identity disorder and had been receiving treatment.

A federal court granted a preliminary injunction, barring the state from continuing to withdraw hormone therapy from the plaintiffs, and ordering them returned to previous levels.

U.S. District Judge Charles Clevert Jr. went on to strike down the law, finding that removing the hormones constituted cruel and unusual punishment, in violation of the Eighth Amendment.

At trial, experts testified that when hormones are withdrawn from a patient, severe physical and psychological complications can arise, including muscle wasting, high blood pressure and neurological complications.

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