24 States Back Alaska Appeal Against Transgender Inmate Surgery Order

Idaho and Indiana have filed a 32‑page amicus brief in the Ninth Circuit backing Alaska’s appeal of a federal ruling that found denying sex‑reassignment surgery to a transgender inmate violated the Eighth Amendment, and they say 24 states have now joined the challenge. The underlying decision by Magistrate Judge Matthew Scoble ordered Alaska to refer inmate Emalee Wagoner, serving a 40‑year sentence for sexual abuse of minors, for a sex‑change surgery consultation, finding the state acted with “deliberate indifference” to diagnosed gender dysphoria. The brief, signed by Idaho Attorney General Raúl Labrador and Indiana Attorney General Theodore Rokita, argues that the Eighth Amendment requires only “basic” medical care, that sex‑reassignment operations are “risky, optional” and not a “minimal civilized measure of life’s necessities,” and notes such surgeries are not even available to the general public in roughly half of U.S. states. The states cite a 2016 Centers for Medicare and Medicaid Services review that found studies had not demonstrated clinically significant improvements after surgery and emphasize what they call a lack of medical consensus, warning that if the lower court is upheld, prisons nationwide could be forced to provide expensive and controversial gender‑transition procedures at taxpayer expense. Civil‑rights and medical groups have mounted the opposite argument in other cases, saying surgery can be medically necessary treatment for severe gender dysphoria, underscoring how this appeal could set a major precedent for transgender inmate health care and states’ obligations under the Eighth Amendment.