cover of briefUpdate – August 2019: In a precedent setting decision, the Ninth Circuit Court of Appeals affirmed that gender confirmation surgery (GCS) can constitute medically necessary care pursuant to the Eighth Amendment of the U.S. Constitution. The court ordered the State to provide surgery to transgender prisoner Adree Edmo without further delay.

NWLC signed an amicus brief submitted on April 10, 2019 by Lamba Legal and the Center for Constitutional Rights in the Ninth Circuit in the case Edmo v. Idaho Department of Corrections.

The case involves the appeal of the district court’s decision that the Idaho Department of Corrections was deliberately indifferent in denying necessary care for gender dysphoria to Adree Edmo. The district court ruled that gender confirmation surgery is medically necessary for the plantiff and ordered that it be provided to her. The agency is appealing to the Ninth Circuit.

The friend-of-the-court brief addresses the applications of the Eighth Amendment and the accepted standards of care for treating gender dysphoria.

Other amici curiae include:  National Center for Transgender Rights (NCTE), The National Women’s Law Center (NWLC), Southern Poverty Law Center (SPLC), Transgender Law Center (TLC), Transgender Legal Defense and Education Fund, Inc. (TLDEF), GLBTQ Legal Advocates & Defenders (GLAD),The National Trans Bar Association (NTBA), and Freedom Overground Corp. (Freedom Overground).

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