Fifth Circuit Joins Those Holding Transexualism to Be a "Serious Medical Need"

Recently in Praylor v. Texas Dept. of Criminal Justice, 423 F.3d 524 (5th Cir. Aug. 26, 2005) the Fifth Circuit announced it would adopt the view of several other circuits that gender dysphoria or transexualism is a serious medical need raising Eighth Amendment considerations:

"Although this circuit has not addressed the issue of providing hormone treatment to transsexual inmates, we will follow those circuits that have determined transsexualism to be a serious medical need raising Eighth Amendment considerations. See Cuoco v. Moritsugu, 222 F.3d 99, 103 (2d Cir.2000); White v. Farrier, 849 F.2d 322, 325 (8th Cir.1988); Meriwether v. Faulkner, 821 F.2d 408, 413 (7th Cir.1987); Supre v. Ricketts, 792 F.2d 958, 963 (10th Cir.1986)."

The Sixth Circuit is also in accord with this view. See Murray v. U.S. Bureau of Prisons, 106 F.3d 401 (Table) (6th Cir. 1997). Other circuits appear not to have addressed the issue.


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