United States Army Private Bradley Manning made headlines in the fall of 2013 when he was convicted of espionage, fraud, and theft for divulging classified military and diplomatic information to WikiLeaks. After the twenty-five year old was sentenced to thirty-five years in military prison, he made instantly made headlines again by announcing that he wanted to live as a woman in prison. Divulging that he has Gender Identity Disorder, Manning said that he had suffered for years in the wrong body and that he would henceforth be recognized as a female, Chelsea Manning. The Army, however, has stated that it does not provide gender reassignment surgery or hormone therapy. The Army further responded that Manning would be incarcerated with males, would dress the same as all the male inmates, and would be called Bradley, not Chelsea. Manning’s attorney announced at the time that he might file suit to obtain hormone therapy treatment for his client. Manning has also petitioned President Obama for a pardon. This Article explores whether incarcerated inmates with Gender Dysphoria, such as Manning, have a constitutional right to receive medical treatment to effectuate gender transfer, and if so, whether they are likely to succeed in suing to obtain treatment if it is not provided by prison officials.
Susan S. Bendlin,
Gender Dysphoria in the Jailhouse: A Constitutional Right to Hormone Therapy?,
61 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol61/iss4/5