Christina Lusk, a transgender man pretending to be a woman, currently serving a sentence for a first-degree felony drug charge, has reached a settlement with the Minnesota Department of Corrections (MDOC) that includes his transfer to a women’s prison and a $495,000 payout. Lusk, who was initially placed in a medium-security men’s prison, sued the MDOC in 2022 on the grounds that his placement based solely on genitalia was unconstitutional. The settlement also grants Lusk access to gender-affirming healthcare.
“By settling, the Department of Corrections is taking an important step towards meeting its responsibilities to those under its care,” stated Jess Braverman, Legal Director of Gender Justice, one of the organizations representing Lusk. Initially, MDOC’s Transgender Committee had recommended that Lusk be housed at the men’s prison with specific restrictions for showering and housing.
The settlement follows new guidelines introduced by the MDOC in January 2023. These rules demand that the Transgender Committee take into account the gender identity of the inmate, placing the individual’s safety as a priority. “As part of the lawsuit settlement and in line with MDOC’s new transgender policy, the DOC has agreed to provide Lusk access to a transgender healthcare specialist to determine if gender-affirming surgery is necessary, and will assist her in obtaining surgery if deemed necessary,” said an MDOC statement.
Paul Schnell, MDOC Commissioner, emphasized that the department is “constitutionally obliged to provide medically necessary care for incarcerated people, which includes treatment for gender dysphoria.” He also asserted the MDOC’s legal obligation to provide Lusk with the required medical care. Braverman added, “Thanks to Christina Lusk’s willingness to speak out, transgender people in custody will now have expanded access to the housing and healthcare they need, and the legal protections they deserve.”
Lusk, who is due for release in May 2024, has paved the way for change in Minnesota’s treatment of transgender inmates. This aligns with federal standards calling for case-by-case determinations in transgender cases, although historically, these decisions often resulted in housing inmates based on their biological sex. The precedent set by this decision puts the wellbeing of real women at risk.