Attorney General Raúl Labrador, along with Indiana Attorney General Todd Rokita, has initiated a 24-state amicus brief in support of an executive order from former President Trump. The order sets new guidelines that impact how federal inmates experiencing gender dysphoria are treated regarding requests for sex-change surgeries or hormone treatments. Labrador argued in a U.S. district court in Washington, D.C., related to the case Kingdom v. Trump, stating that federal and state authorities act within constitutional bounds when denying such medical requests.
The executive order, named “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” prevents federal prison and immigration detention center inmates from receiving sex-change procedures funded by taxpayers. Labrador emphasized that the Eighth Amendment does not mandate that prisoners receive any medical intervention they request. “Across the country, there are growing numbers of incarcerated inmates claiming gender dysphoria at rates that far eclipse occurrences in general society,” said Labrador. “The Constitution leaves policy choices about best medical practices to policymakers, and there is nothing in the text or history of the Eighth Amendment which would allow prisoners to demand whatever medical intervention they desire.”
The American Civil Liberties Union and Transgender Law Center have challenged the Trump Administration's order, alleging it violates the Eighth Amendment by amounting to “cruel and unusual punishment.”
The states joining Idaho and Indiana in endorsing the brief include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming.
A copy of the amicus brief in defense of the executive order is available for public access.