Content analysis of state and federal court cases and commentative news articles documenting gender-affirmation actions pursued by incarcerated transgender individuals

Abstract

Individuals who identify as transgender may seek out different pathways to gender affirmation, which is the process where an individual receives social recognition as their gender expression and identity, such as social standing or medical interventions. This places individuals who are currently incarcerated at a disadvantage to gender affirmation process being met due to the restrictions and emphasis the United States criminal system places on punishment instead of reformative justice. This project aims to identify those gender affirmation processes for transgender individuals who are currently in the justice system. Specifically, this study is looking at the diverse avenues individuals use to pursue legal action against the department of corrections or facility that oversees their housing and wellbeing. By conducting a content analysis of 24 court cases of 30 male-to-female transgender individuals who are currently incarcerated in the United States, the process of gender affirmation was mapped out by the prior behaviors, reports, and requests for medical intervention that were documented as evidence. Interviews were included to further construct the narrative of the life stories of the individuals by establishing the feelings and attitudes of the persons in the sample. In this context, the research has provided support that individuals seeking gender recognition will continue to progress past both social and medical intervention to the point of legal interactions to establish gender affirmation. This project lays the groundwork for future research to build upon with this population and includes policy suggestions that may lead to more developed care for transgender individuals in the carceral system.