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A6117M0Q

A6117M0Q

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Published by Catherine Snow

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Published by: Catherine Snow on Aug 08, 2011
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07/23/2013

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The Honorable Joan B. Gottschall, United States District
Œ
 Judge for the Northern District of Illinois, sitting by designation.
In the
United States Court of Appeals
 For the Seventh Circuit
 
Nos. 10-2339 & 10-2466A
NDREA
F
IELDS
 ,
 
et al.,
Plaintiffs-Appellees
 ,
Cross-Appellants
 ,
v.
 J
UDY
P.
 
S
MITH
 ,
 
et al.,
Defendants-Appellants
 ,
Cross-Appellees
. 
Appeals from the United States District Courtfor the Eastern District of Wisconsin.No. 2:06-cv-00112-CNC
 — 
Charles N. Clevert, Jr.
 ,
Chief Judge
.
 
A
RGUED
F
EBRUARY
7,
 
2011
 — 
D
ECIDED
A
UGUST
5,
 
2011
 Before R
OVNER
and W
OOD
 ,
 
Circuit Judges
 ,
 
andG
OTTSCHALL
 ,
District Judge
.
Œ
G
OTTSCHALL
 ,
District Judge.
In this appeal, we areasked to review the decision of the district court inval-idating a Wisconsin state statute which prohibits the
 
2Nos. 10-2339 & 10-2466
A group of medical and mental health professionals sought
1
leave from the court to submit a brief as
amici curiae
. Themotion is granted.
Wisconsin Department of Corrections (“DOC”) fromproviding transgender inmates with certain medicaltreatments. The Inmate Sex Change Prevention Act
1
(“Act 105”) provides in relevant part:(a) In this subsection:1. “Hormonal therapy” means the use of hor-mones to stimulate the development or alterationof a person’s sexual characteristics in order toalter the person’s physical appearance so that theperson appears more like the opposite gender.2. “Sexual reassignment surgery” means surgicalprocedures to alter a person’s physical appear-ance so that the person appears more like theopposite gender.(b) The [Wisconsin Department of Corrections]may not authorize the payment of any fundsor the use of any resources of this state or thepayment of any federal funds passing throughthe state treasury to provide or to facilitate theprovision of hormonal therapy or sexual reassign-ment surgery . . . .2005 Wis. Act 105, codified at Wis. Stat. § 302.386(5m)(2010). The district court concluded that this provisionviolates the Eighth Amendment’s ban on cruel andunusual punishment and the Fourteenth Amendment’s
 
Nos. 10-2339 & 10-24663Equal Protection Clause. Defendants, various DOC offi-cials, now appeal.
I
A number of DOC inmates filed this lawsuit as aputative class action in the Eastern District of Wisconsinon behalf of all current and future DOC inmates with“strong, persistent cross-gender identification.” Thedistrict court denied plaintiffs’ motion for class certifica-tion, but permitted the case to proceed to trial on theindividual claims of three plaintiffs.The three plaintiffs
 — 
Andrea Fields, Matthew Davison(also known as Jessica Davison), and VankemahMoaton
 — 
are male-to-female transsexuals. According tostipulated facts, each has been diagnosed with GenderIdentity Disorder (“GID”). GID is classified as apsychiatric disorder in the DSM-IV-TR, the currentedition of the American Psychiatric Association’s Diag-nostic and Statistical Manual of Mental Disorders. Indi-viduals with GID identify strongly with a gender thatdoes not match their physical sex characteristics. Thecondition is associated with severe psychological dis-tress. Prior to the passage of Act 105, each of the plain-tiffs had been diagnosed by DOC physicians with GIDand had been prescribed hormones.After a trial in which both sides presented expert testi-mony about GID, its treatment, and its potential effectson prison security, the district court ruled in favor ofplaintiffs. The court ruled that Act 105 was unconstitu-

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