Gender-Affirming Care for Transgender Prisoners: A Surprising Fact from the Trump Era

In a recent discussion about a campaign ad led by former President Donald Trump, Vice President Kamala Harris asserted that his administration adhered to legal frameworks concerning medical care for transgender inmates. This claim has been verified as true.

The ad, released in September, accused Harris of supporting taxpayer funding for gender transition surgeries for inmates and migrants. “Kamala supports taxpayer-funded sex changes for prisoners,” the ad’s narrator stated, positioning Trump as the candidate advocating for “you.”

After receiving inquiries from VERIFY readers, a fact-check was conducted. While Harris has shown support for transition-related care for transgender prisoners previously, this stance is not reflected in her current agenda leading up to the 2024 presidential election.

During an Oct. 16 interview with Fox News’ Bret Baier, Harris addressed the ad directly. When asked about her stance on funding gender transitions for prison inmates, she noted, “I will follow the law, and it’s a law that Donald Trump actually followed.” She cited existing reports indicating that under Trump’s administration, medically necessary surgeries were accessible to federal inmates.

The Lincoln Project, an anti-Trump political action committee, echoed this point in its own campaign advertisement, referencing a New York Times article that underscored the availability of gender-affirming care in U.S. prisons during that time.

The question raised by VERIFY readers focused on whether gender-affirming care was indeed accessible to transgender prisoners throughout Trump’s presidency.

The answer is affirmative: gender-affirming care was, in fact, available.

The Federal Bureau of Prisons, part of the Justice Department, mandated adequate medical care for all inmates, including those undergoing gender transition. According to the Human Rights Campaign, gender-affirming care is critical for the well-being of transgender individuals, encompassing various services such as mental health support and medical treatment.

Legally, both federal and state prisons are obligated to provide essential medical care. Unfortunately, many transgender inmates face significant hurdles, often waiting years or pursuing legal action to obtain necessary treatments, including surgery.

A 2018 memo from the Federal Bureau of Prisons confirmed the requirement to fund transgender care if deemed medically necessary. It articulated the need for psychological counseling and possible surgical interventions for transgender offenders.

This policy initially stemmed from guidelines established by the Obama administration just before the transition of power to Trump. Although the Trump administration rolled back several protections for transgender inmates in 2018, it mainly preserved the foundational guidelines regarding hormone and medical treatment, albeit with modifications that intensified access restrictions.

Currently, statistics indicate that there are approximately 2,260 transgender individuals in federal prisons and nearly 5,000 in state facilities. Since 2022, only two federal inmates have successfully undergone gender-affirming surgeries after extensive legal battles, both occurring post-Trump’s presidency.

Attempts to reach Trump’s campaign for comments regarding these findings have gone unanswered by publication time.