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Gender Barred 

Transgender inmates sue for hormones

Natalia Whitefeather Flores, as she calls herself, is getting her hormones.

But the Idaho Department of Corrections waited until she filed a $5.5 million lawsuit against the state, got a visit from the American Civil Liberties Union and contacted BW to provide Flores, whose given name is William Ray Flores, with her estrogen pills and a testosterone blocker.

"France does the best sex changes, I hear, and that's where I want to go," Flores said in a call from the Idaho Maximum Security Institution.

But she's not going anywhere until at least September 2009 when she may be up for parole. Flores was born a woman in a man's body on the Rocky Boy Reservation near Havre, Mont. She is a member of the Turtle Mountain Band of Chippewa Indians and has spoken Cheyenne, Spanish and English from an early age.

At 5 years old, Flores, who then called herself Susie, was diagnosed with gender identity disorder, a psychiatric disorder that the Idaho Department of Corrections defines as dissatisfaction with one's biological sex. The department has recognized GID since 2003, after an earlier lawsuit forced officials to develop a policy.

Flores is transgender in that she desires to become a woman. But she also considers herself two-spirited, a condition recognized in Native American society long before 2003.

"We are considered more spiritual than most people because we've got the spirit of a woman and the spirit of a man," Flores said.

Flores' two-spiritedness has not been dulled by a life in foster care, juvenile hall and, for the last two years, state prison. She chats about life in prison, how she can't get access to makeup through the men's commissary, how they took away her hair ties, how she was raped eight times by six different men and then how she was moved into the maximum security prison.

"I tried to stay away from the people but they always found a way to get me alone," Flores said.

In July 2006 Fourth District Judge Darla Williamson sentenced Flores, then 20 years old, to two years minimum and up to six years in prison after she stole a credit card from her boss at the bagel shop where she worked. Flores gave the card to her supervisor at the halfway house where she had been living before she racked up any charges on it.

Flores wrote to "La Honorable Darly Williams [sic]" in Spanish thanking her for the sentence and copying out a Bible passage and a poem that spoke of the three important things in life: la fe, la esperanza y el amor. Faith, hope and love. "But the most important is love," she wrote.

Williamson ordered mental health treatment for Flores in prison, which Flores says she did not receive until very recently.

Idaho's GID policy requires that a management and treatment committee make recommendations on each inmate with GID. The department may continue or initiate hormone therapy if deemed medically necessary, but does not provide inmates with sexual reassignment surgery or cosmetic procedures.

"The Idaho policy is not as comprehensive or as supportive as we believe it can be," said Jody Marksamer, an attorney with the National Center for Lesbian Rights in San Francisco.

In her lawsuit, Flores is asking for a more stringent policy to address what she considers rampant discrimination against transgender prisoners including barring her from the sweat lodge, confiscating leather hair ties and harassment.

"I constantly get harassed about my hair, my walk and the way I talk. I cannot help this. I was born with these traits," Flores states in her suit.

There are two other transgender cases pending against the Idaho Department of Corrections, including Jennifer Spencer's case, now before the Ninth Circuit Court of Appeals.

A federal judge ruled about a year ago that the state should provide estrogen to Spencer, who has since been released from prison. Spencer castrated herself in prison after being denied numerous requests for treatment.

Marksamer gets hundreds of calls a year from transgender inmates who are not getting proper treatment in prisons and jails across the country, as do several other advocacy groups. Often unable to find jobs and shunned by society, about 30 percent of transgender people spend time incarcerated, according to some estimates.

Idaho's chief of prisons, Pam Sonnen, said she had never seen a case of GID until about six years ago. Now there are four in the system, according to a prison spokesman.

"Our goal is that all offenders are housed in an appropriate place so that they are not either victimizing someone else or becoming victims themselves," Sonnen said.

Prison policies, in accordance with the federal Prison Rape Elimination Act, include prohibitions on male prisoners dressing in a feminine manner. Sonnen said inmates cannot use chalk for eye makeup or extra large T-shirts as dresses.

"We don't want to add any more risk to that offender," Sonnen said.

Sonnen encourages GID inmates, or any inmate, to try to integrate into the prison population as practice for when they are released and need to integrate into society again.

"I am not a proponent to separate any group just based on their group," she said.

Idaho prison officials would not comment on Flores' case or any pending cases, and Sonnen said only that prison policies are constantly under review.

Flores filed her lawsuit on her own, but contacted the ACLU for legal advice.

"She's not being treated for her disorder," said Idaho ACLU staff attorney Lea Cooper, who is helping Flores with her case.

Cooper has been involved in several Idaho GID cases and appeared in the 2006 film Cruel and Unusual, which profiles five transgender inmates, including one Idaho case.

Linda Thompson, an Idaho inmate who spent time in Vacaville, Calif., at a special transgender prison facility, is profiled in the film. Cooper said Thompson is in prison again, this time in Wyoming, where she moved for work and wound up on the streets.

Since Cooper got involved in the case, the Idaho Department of Corrections has responded to Flores' request for treatment.

"They seem to be taking it seriously now, each time it comes up we have to do less," Cooper said.

Flores is pleased to be getting her hormones, and is talking about becoming an attorney to help other transgender inmates.

"I want to start my own law firm for transgenders, go to law school," Flores said. "I want to have my sex change done appropriately."

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Ok, bring it on; I know I'm probably going to get criticized, but, why – if hormone therapy is not medically necessary – is this PRISON INMATE getting treatment at taxpayer expense? For those of you supportive of he/she getting treatment, go right ahead and feel free to fund it, I don't think anyone will stop you from doing so. From the article it appears Flores has "a psychiatric disorder" defined "as dissatisfaction with one's biological sex." I have one or two dissatisfactions myself..... doesn't make me eligible for taxpayer paid medical treatment. If it does, please let me know because on of those dissatisfactions is not being able to afford expensive liquor to the level I feel entitled. Cheap shot, I know.... sorry. I feel like Flores feels entitled because of the quote "France does the best sex changes, I hear, and that's where I want to go..." Boy howdy, that's a great attitude; so much for individual responsibility, I guess. The article seemed to skirt whether he/she needs hormone therapy out of medical necessity. Did a politician write this article as they sure know how to make innuendos not supported by facts? Just asking, that’s all, just asking. Keep in mind that Flores isn't in prison for being a Boy Scout, er Girl Scout, or Boy / Girl Scout, whatever the PC term is. I mean, he/she’s not doing time at a country club for making a bad putt. According to the reporter, she's doing time for stealing a credit card, but she gave it back before using it - did I read that right? I’m pretty sure the article said he/she gave it back at the half-way house where he/she was living. Hmmm, I wonder if he/she gave it back while he/she was on probation and in possession of stolen property when her boss (probably with police escort) confronted the thief. Please don't make it sound like he/she is the victim. Come on, I thought Larry Craig could spin a good tale, is he giving advice to BW reporters on how to slant an article? I know this is going to sound outrageous to some, so I apologize in advance again, but our correction and social services systems seem to have to cater to the lowest common denominator; it is no wonder to me why people in those positions of having to carry out policy under the threat of lawsuit, or just providing services conflicting with the “better good” of society get burned out. Again, if a rational medical provider deems hormone therapy is medically necessary, I guess I buy in to it, but short of that, I find myself having two spirits (similar to the inmate in question). One of my spirits is unsympathetic and the other is downright opposed to spending taxpayer money on this.

Posted by Scott Nicholson on | Report this comment

My child with a disability is getting his services cut due to state budget cuts, how dare any convicted felon get a dime of taxpayer money for this when children with grave need for services are getting denied because of lack of money. If there is no money for my son, there most certainly better not be any for inmates. In case anybody fails to realize they are eating and being housed on our dime already... Least anybody forget going to prison is a choice, police do not make random round up's to put people in prison, they usually work very hard to get there.

Posted by Fed up on | Report this comment

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