In a significant step towards affirming the rights of trans prisoners, Minnesota has joined a growing number of states allowing incarcerated individuals to be placed in facilities aligning with their gender identity. Recently, the first prisoner to benefit from this new provision was granted a transfer, marking a groundbreaking moment for LGBTQ rights in the criminal justice system.
58-year-old Christina Lusk, who had been serving her sentence in a men’s prison after a felony drug conviction in 2019, will now be transferred to a women’s facility in Shakopee. The legal agreement, announced by Minnesota corrections officials, not only enables Lusk to express her true identity but also includes a $495,000 settlement in recognition of the injustices she endured.
The lawsuit filed by Lusk, in collaboration with Gender Justice, a gender equity advocacy group in St. Paul, shed light on the hardships she faced during her time in the men’s prison. Lusk was assigned to a men’s dormitory, forced to use all-male bathrooms, and subjected to sexual abuse by fellow inmates. Furthermore, she faced reprimand from prison staff for wearing women’s clothing and was even chastised for not wearing a bra while her undergarments were being laundered.
The settlement and transfer granted to Lusk coincide with the Minnesota Department of Corrections’ new transgender policy, implemented in January, which allows inmates to be housed in facilities corresponding to their gender identity rather than their assigned sex at birth. Additionally, this policy ensures access to transgender healthcare for incarcerated individuals, addressing the constitutional obligation of the Department to provide medically necessary care, including treatment for gender dysphoria.
Christina Lusk’s ordeal highlights the challenges faced by transgender individuals within the prison system and emphasizes the importance of recognizing and respecting their gender identity. With this groundbreaking transfer and settlement, Minnesota takes a significant stride towards affirming the rights of trans prisoners and fostering a more inclusive and equitable criminal justice system.