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Kamala Harris Fact-Check
Myth: Kamala Harris sought to deny trans inmates gender affirmation surgery
Facts: False
Background: This references the case of two trans inmates in California State prison who sued the California Department of Corrections and Rehabilitation.
Myth: Kamala Harris sought to deny trans inmates gender affirmation surgery
Facts: False
Background: This references the case of two trans inmates in California State prison who sued the California Department of Corrections and Rehabilitation.
The two plaintiffs, Michelle Lael-Norsworhy and Shiloh Quine, were approved for gender affirmation surgery by prison doctors but CDCR denied their request saying hormone therapy was sufficient. https://www.latimes.com/local/california/la-me-inmate-transgender-20150810-story.html
Lawyers for the plaintiffs argued the denial of the surgery amounted to cruel and unusual punishment, a violation of the Eighth Amendment.
The arguments made were not based in a compassionate understanding of the needs of trans people and the importance that gender affirmation plays in supporting their health and well being.
âThe âessential test is one of medical necessity and not one simply of desirability.'â
âThe âessential test is one of medical necessity and not one simply of desirability.'â
Now itâs important to note; State Attorneys General have a legal obligation to represent and provide legal advice to the Governor and State Agencies.
They cannot simply not represent an agency in court because they disagree with that agencyâs stance.
https://www.naag.org/naag/about_naag/faq/what_does_an_attorney_general_do.php
They cannot simply not represent an agency in court because they disagree with that agencyâs stance.
https://www.naag.org/naag/about_naag/faq/what_does_an_attorney_general_do.php
Now the question becomes how involved was Kamala Harris in the case?
The answer is not very, at least at the beginning.
The CA AGâs office handles tens of thousands of cases each year assigned to hundreds of lawyers; few of which the AG would be personally involved with.
The answer is not very, at least at the beginning.
The CA AGâs office handles tens of thousands of cases each year assigned to hundreds of lawyers; few of which the AG would be personally involved with.
The May 2015 brief listed Deputy AG Jose A. Zelidon-Zepeda as the attorney for CDCR.
Many articles erroneously claim Harris wrote the argument or signed the brief, no evidence of such being provided besides her name, as AG, being on the letterhead.
https://www.washingtonblade.com/content/files/2015/05/Norsworthy-Motion-to-Stay-Filed-Version.pdf
Many articles erroneously claim Harris wrote the argument or signed the brief, no evidence of such being provided besides her name, as AG, being on the letterhead.
https://www.washingtonblade.com/content/files/2015/05/Norsworthy-Motion-to-Stay-Filed-Version.pdf
This is an example of poor journalism that doesnât bother to check the role of an AG in individual cases or bother to learn what a legal filing looks like.
Saying Kamala Harris wrote the brief is inaccurate; there is no evidence of such. Falsehoods spread fast.
Saying Kamala Harris wrote the brief is inaccurate; there is no evidence of such. Falsehoods spread fast.
Shortly after the attached brief was filed, lawyers for the plaintiffs and LGBTQ advocates spoke out against it condemning the arguments made by the state; it made the papers.
This is when Kamala Harris assumed a direct role in the case according to her staff.
This is when Kamala Harris assumed a direct role in the case according to her staff.
Peter Renn, a lawyer for Lambda Legal, said once Harris became involved everything changed.
âInitially there was language in briefing for the state that glaringly misunderstood...and was patently offensive. But then, there was a dramatic change...â https://www.losangelesblade.com/2017/10/26/kamala-harris-emerges-lgbt-favorite-2020-theres-just-one-thing/
âInitially there was language in briefing for the state that glaringly misunderstood...and was patently offensive. But then, there was a dramatic change...â https://www.losangelesblade.com/2017/10/26/kamala-harris-emerges-lgbt-favorite-2020-theres-just-one-thing/
Not only did the language being used change, but Harris actively worked to bring all parties, including the plaintiffs, to the table to correct the situation in a way that was compassionate and lead to a dramatic policy change.
Her COS Barankin said. âHer reaction to the way the case was being litigated was to work very closely with all of the parties involved to reach what we consider a successful conclusion, which was a permanent change in state prison policy on the treatment of transgender inmates.â
In 2015 Harris helped broker a settlement between the plaintiffs and the CDCR that required the department to revise its policy establishing gender affirmation surgery as medically necessary making CA the first state to implement such a policy. https://www.washingtonblade.com/2015/08/08/calif-trans-inmates-seeking-gender-reassignment-win-victories/
The policy was a major victory and the first of kind in the country but it wasnât perfect. CDCR updated its policy further in 2019 after complaints; but the Harris settlement laid the groundwork. https://www.washingtonblade.com/2020/03/11/calif-prison-system-updates-policy-on-trans-inmates-as-scrutiny-grows/
So to summarize;
No Kamala Harris did not;
- Have the ability to simply not represent CDCR
- Lead/write the brief against the two trans inmates
Yes Kamala Harris did;
- Take control of the case ending the offensive arguments
- Help craft the settlement to change the policy
No Kamala Harris did not;
- Have the ability to simply not represent CDCR
- Lead/write the brief against the two trans inmates
Yes Kamala Harris did;
- Take control of the case ending the offensive arguments
- Help craft the settlement to change the policy
