24 states back challenge to transgender inmate surgery ruling with nationwide stakes

Alaska is appealing the decision to the Ninth Circuit, seeking to overturn a ruling that found denying sex reassignment surgery to a transgender inmate violated the Eighth Amendment's protection against cruel and unusual punishment. Twenty-four states now warn that if upheld, the judge's ruling could force prisons across the country to provide transgender medical procedures.

"A federal court ordered Alaska to refer a prisoner for sex-change surgery consultation, which threatens to set a precedent that forces other states to provide these procedures using taxpayer dollars," Labrador said. "Idaho supports Alaska in defending state medical decisions against judicial overreach. The Eighth Amendment ensures basic medical care for prisoners, but it doesn't require states to provide experimental gender transition surgeries."

In a 32-page brief, Labrador, Idaho Solicitor General Michael Zarian, Indiana Attorney General Todd Rokita and Solicitor General James Barta rejected the magistrate judge's argument that the Alaska Department of Corrections is in violation of the Eighth Amendment because the requested medical procedure is not a "minimal civilized measure of life's necessities," meaning it is unnecessary. This assertion is based on the fact the operation "is not available to free citizens in half of the Nation."

In the brief, the state officials also pointed to a lack of consensus among medical professionals over the efficacy of reassignment surgery in treating those with gender dysphoria. They cited a 2016 Centers for Medicare and Medicaid Services review of studies on the effectiveness of sex-change surgeries, finding the selected studies "did not demonstrate clinically significant changes or differences in psychometric test results after" surgery.

Fox News Digital reached out to WPATH and Wagoner's legal team for comment.

Saenz told the outlet the ruling will likely affect a relatively small number of transgender people but that it will be significant for them. 

"I think that is so important - that gender dysphoria, which is a medical condition that the department itself recognizes needs treatment, should not be treated in an exceptional way. It should be treated like other medical conditions, and that the treatment that clinical guidelines say are needed, should be followed," he said.