Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the legal and ethical implications of providing medical treatment, particularly gender reassignment surgery (GRS), to transgender prisoners under the Eighth Amendment, which prohibits cruel and unusual punishment. It argues that while courts have recognized the necessity of addressing gender dysphoria, the financial and logistical challenges of providing such treatments raise concerns about equity and resource allocation. The ruling in Brooks v. Berg highlights the tension between constitutional rights and the practical limitations of prison systems in meeting these needs.
Disciplines
Fourteenth Amendment | Law | Law Enforcement and Corrections | Legal Education | Sexuality and the Law
Recommended Citation
Linda D. Chin,
A Prisoner's Right to Transsexual Therapies: A Look at Brooks v. Berg,
11
Cardozo J. Equal Rts. & Soc. Just.
151
(2004).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol11/iss1/8
Included in
Fourteenth Amendment Commons, Law Enforcement and Corrections Commons, Legal Education Commons, Sexuality and the Law Commons