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Thu Aug 22, 2013, 05:50 PM

Quite seriously, assuming she meets the standard criteria,

wouldn't the Army's failure to provide hormones and surgeries to Manning be a failure to provide normal and routine medical care? Her needs are somewhere between risk of immanent death and cosmetic, but I think they are more toward the serious end of that spectrum. For example, if a prisoner is morbidly obese, would the Army deny that person bariatric surgery?

For another comparison, prison systems seem to be more than willing to sterilize prisoners with or without consent!

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Response to hedgehog (Original post)

Thu Aug 22, 2013, 05:53 PM

1. Why did the defense team fail to provide this medical care for 3 years?

That's the biggest question to me. They're all outraged now that it's over, but they don't seem to have done anything to help provide their client with the necessary treatment during all this time.

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Response to frazzled (Reply #1)

Thu Aug 22, 2013, 06:07 PM

2. My guess is that they convinced their client to put this on the back burner until all other

legal proceedings were complete.

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Response to frazzled (Reply #1)


Response to frazzled (Reply #1)

Thu Aug 22, 2013, 08:30 PM

12. Since when are lawyers responsible for medical care?

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Response to treestar (Reply #12)

Thu Aug 22, 2013, 11:59 PM

13. Since they proclaim to be so on the Today Show

Watch it.

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Response to frazzled (Reply #13)

Fri Aug 23, 2013, 11:36 AM

14. Never watch the today show

What service they provide! So while doing a major trial, nationally reported on, they also make sure the client gets medical care?


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Response to hedgehog (Original post)

Thu Aug 22, 2013, 06:18 PM

3. In a Federal Prison she'd probably get the care. Her attorney & the ACLU are going to fight

the disparity between Federal Prison practices and Military Prison practices if she doesn't get a pardon.

ACLU statement on Chelsea Manning
Submitted by sosadmin on Thu, 08/22/2013 - 12:33

The following can be attributed to Chase Strangio, staff attorney with the ACLU's Lesbian Gay Bisexual and Transgender Project:

In response to Chelsea Manning's disclosure that she is female, has been diagnosed with gender dysphoria, and will be seeking hormone therapy as a part of her transition during her incarceration, public statements by military officials that the Army does not provide hormone therapy to treat gender dysphoria raise serious constitutional concerns. Gender dysphoria is a serious medical condition in which a person's gender identify does not correspond to his or her assigned sex at birth, and hormone therapy is part of the accepted standards of care for this condition. Without the necessary treatment, gender dysphoria can cause severe psychological distress, including anxiety and suicide. When the government holds individuals in its custody, it must provide them with medically necessary care.

The official policy of the Federal Bureau of Prisons and most state agencies is to provide medically necessary care for the treatment of gender dysphoria, and courts have consistently found that denying such care to prisoners based on blanket exclusions violates the Eighth Amendment of the Constitution.


http://www.privacysos.org/node/1157


They have a chance to win this because gender reassignment surgery is now available to transgender inmates who did not begin treatment prior to entering federal custody (<<the link is to the Bureau of Prisons memo).

Gender reassignment surgery, along with hormones and specialized mental health counseling is now available to transgender inmates who did not begin treatment prior to entering federal custody, The Associated Press reports.

The decision is based on new rules adopted by the U.S. Bureau of Prisons as part of a court settlement for inmate Vanessa Adams, formerly Nicholas Adams, who was diagnosed with gender identity disorder in 2005, and, after being denied treatment, tried to castrate herself with a razor and attempted to and ultimately succeeded in amputating her penis.

A May 31 memo issued to wardens at the nation's 116 federal prisons and made public by gay rights groups states: "current, accepted standards of care" will be applied to inmates who believe they are the wrong gender.

Under the bureau's previous policy, issued in 2005, only federal inmates with a preexisting diagnosis were eligible for transgender-related care, which was limited to treatments that would maintain them "only at the level of change which existed when they were incarcerated."

"The (new) treatment plan may include elements or services that were, or were not, provided prior to incarceration, including, but not limited to: those elements of real life experience consistent with the prison environment, hormone therapy and counseling," the memo from bureau medical director Newton Kendig states.

http://www.thirdage.com/news/surgery-while-in-prison-now-an-option-for-transgender-inmates_10-04-2011


Here's the Sept 2011 press release from GLAD: Federal Bureau of Prisons Makes Major Change in Transgender Medical Policy.


It's a long fight. Many prisons are resisting and still housing transgender women with men where they're more than 13 times more likely to be sexually assaulted than cis women. The military is just flat out rejecting anything but some counselling/psychiatric care.

If you want to know more about it, google the "Prison Rape Elimination Act of 2003" that the DOJ finally got around to writing rules for in mid 2012. That only covers Federal Prisons, not military prisons though so the ACLU has a fight there.

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Response to Catherina (Reply #3)

Thu Aug 22, 2013, 06:20 PM

5. I think you answered my question, I'll delete my post..Thanks..n/t

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Response to hedgehog (Original post)

Thu Aug 22, 2013, 06:27 PM

6. I am going to have to go with no

 

The government has an obligation to provide a minimum level of medal care to inmates.

For example if you have a bad tooth, they are not obligated to do all they can to save it and make it look nice. They do the minimum medically needed- pull it and if deemed neccesary give you dentures.

She will get counseling, not much else. If she was still a regular enlisted Soldier she wouldn't qualify for surgey anyway under the military system, so no way they will provide it to a miitary inmate.

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Response to hedgehog (Original post)

Thu Aug 22, 2013, 06:31 PM

7. Is this care normal and/or routine?

 

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Response to Boom Sound 416 (Reply #7)

Thu Aug 22, 2013, 06:46 PM

9. Maybe not today, but becoming inceasingly so.

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Response to hedgehog (Reply #9)

Thu Aug 22, 2013, 06:50 PM

10. True, but the prison system

 

I would think to be far behind the curve

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Response to hedgehog (Original post)

Thu Aug 22, 2013, 06:34 PM

8. Manning is going to Leavenworth, an all male prison.

The army's reason: Manning still has male genitalia, thus is a man until the operation.

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Response to hedgehog (Original post)

Thu Aug 22, 2013, 07:52 PM

11. Keep in mind

 

That while she was sentenced to a dishonorable discharge, I am pretty sure that discharge is not effective until the date of release from confinement.

So until then she is still a Soldier. The militry still bans gender reassignment surgery, even after DADT was ended. So the odds of her getting surgery are slim to none.

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