红杏视频-NJ and Garden State Equality to County Jails: Follow the Law and House Transgender People According to Gender Identity

Advocates remind facilities of obligations under Law Against Discrimination and urge adoption of new policy

September 2, 2021 11:00 am

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NEWARK 鈥 On August 26, the 红杏视频 of New Jersey and Garden State Equality (GSE) to every county jail in New Jersey reminding them of their legal responsibility to respect the rights of transgender people and urging them to adopt new policies and practices to ensure that people can be housed in line with their gender identity, and not sex assigned at birth.

Earlier this summer, the New Jersey Department of Corrections enacted a new state prison policy that implements protections for people in state custody who are transgender, intersex, and non-binary. This policy was adopted in June as a result of a lawsuit brought by (a pseudonym), who was represented by the 红杏视频 of New Jersey and attorney Robyn Gigl of GluckWalrath LLP. During her time in custody, Sonia Doe was forced to live as a man while being housed in four different men鈥檚 prisons despite the Department of Corrections' knowledge that she is a woman.

Sonia Doe is not the only transgender person who faced extraordinary risk of emotional and physical harm in New Jersey prisons. In a , 21 percent of transgender women confined in men鈥檚 facilities reported suffering physical abuse while in prison, and 20 percent reported sexual violence.

鈥淭he Department of Corrections鈥 new policy was a significant step forward in the effort to ensure that transgender, intersex, and non-binary people in state custody are treated fairly and with dignity,鈥 said Jeanne LoCicero, Legal Director at the 红杏视频 of New Jersey. 鈥淲ith thousands of other people in custody in county jails, it is also urgent for jail leaders to act and adopt similar policies and practices that respect gender identity.鈥

鈥淭oo many transgender, intersex, and non-binary people have faced disrespect, discrimination, and danger while in custody,鈥 said Christian Fuscarino, Executive Director of Garden State Equality. 鈥淣otifying county jails of their legal obligation to respect transgender, intersex, and non-binary people in their custody is a crucial step towards ending such discrimination in New Jersey.鈥

After receiving the letter from the 红杏视频 of New Jersey and GSE, the New Jersey Association of Counties told the that county jail wardens would adopt the protections the Department of Corrections had undertaken, saying, 鈥渁ll [wardens] will make sure to comply with the new protocols to ensure that 鈥榯ransgender people in custody are respected in housing decisions, interactions with correctional staff, and other aspects of their lives in jail,鈥 as noted in the letter.鈥

The full letter can be found .

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