ACLU sues Indiana over law banning inmate’s gender-affirming surgery

The American Civil Liberties Union of Indiana is suing the state of Indiana for refusing to pay for a gender-affirming sexual reassignment surgery for a convicted murderer. A state law went into effect July 1 that bans the Department of Corrections (DOC) from using taxpayer money for sex reassignment surgeries for inmates.

The state attorney general says the cost runs anywhere from $10,000 to $150,000 depending on the amount of work done. But the ACLU of Indiana argues it is preventing inmates from changing their bodies to their preferred gender and violates the Eighth Amendment, calling it “cruel and unusual punishment.”

The transgender female inmate at the center of the controversy, according to the ACLU’s complaint, is Autumn Cordellionè, also known as Jonathan Richardson.

Cordellionè was convicted in 2001 of strangling her 11-month-old stepdaughter.

The lawsuit states the inmate has identified as female since the age of six. In the complaint, the ACLU states the sex change surgery requested is a “medical necessity” to alleviate the inmate’s gender dysphoria, which was diagnosed in 2020 while in the DOC facility.

The ACLU did not provide comment to the media following the lawsuit being filed.

Regarding the lawsuit, Indiana Attorney General Todd Rokita said, “Hard-working residents want their tax dollars going toward things that benefit their family or their state as a whole – not surgeries to reverse inmates’ God-given gender. We will not back down and will continue to back the rule of law.”

The ACLU won a similar case last year against the Federal Bureau of Prisons representing a transgender female prisoner who underwent gender-affirming surgery in April 2023.

There’s been a recent wave of legislation in U.S. impacting transgender people — from laws on gender-affirming care to the publicity of drag shows, largely with a focus on children’s involvement.

Nineteen states have passed legislation banning doctors from operating on minors for sex reassignment procedures.

This year, Tennessee became the first state to outlaw drag performances in public spaces where children may be present. Montana, North Dakota, Arkansas, Florida and Texas followed suit. However, these laws are not enforceable as legal challenges play out in the various states.

A judge ruled on Thursday, Aug. 31, on a legal challenge brought by the ACLU against Texas temporarily preventing the state ban on public drag shows from taking effect. That ban would have started Sept. 1.

Another transgender-centered legal battle among states sees 23 states have banned transgendered female athletes from competing in female sports.

While the U.S. continues its search for balance in protecting transgenders’ rights while not inflicting injustice on others, Canada has taken notice.

The country issued a travel advisory for those coming to the U.S. warning members of the LGBTQ+ community of potential discrimination in certain U.S. states. Although, Global Affairs says it has no complaints from Canadians over the mistreatment of transgender individuals.