Inmate convicted of murder sues for taxpayer-funded transgender breast removal

A transgender prisoner convicted of murder is suing the Virginia Department of Corrections over denying his request to remove his breasts, saying he is transgender and needs to alter his chest so he is no longer depressed and won’t harm himself.

Jason Yoakam, who is legally named Lisa Yoakam according to reports, filed a federal lawsuit this month after being denied a mastectomy while incarcerated.

Yoakam has been living as a man and received hormone treatment while in custody after being formally diagnosed with gender dysphoria.

As part of the biological transition from female to male, Yoakam sought a mastectomy.

He’s suing in court, hoping the judge will order the surgery, arguing prison officials are violating his constitutional rights by denying him medical treatment.

“Mr. Yoakam is not seeking special treatment, just access to medically necessary health care and reasonable accommodations for his gender dysphoria,” said Richard Saenz, a lawyer with Lambda Legal, a pro-LGBTQ group representing Yoakam. “Every incarcerated person has a right to basic health care based on their medical needs — and should not face discrimination because of their sex.”

According to the 34-page complaint, Yoakam has thought about performing the breast removal himself but has stopped out of hopes he will get the surgery.

The lawsuit points to the U.S. Circuit Court of Appeals for the Fourth Circuit’s ruling in Grimm v Gloucester County Public Schools, which the Supreme Court declined to review this year. In that case, the appeals court ruled in favor of a transgender student in his fight to use the restroom of his choice, citing his constitutional rights.

Lisa Kinney, a spokesperson for the department, said there are 86 transgender prisoners in the system with roughly 24,000 inmates.

“All medically necessary treatment is available. Treatment decisions are made on a case-by-case basis; I cannot discuss an individual inmate’s confidential medical information. In addition to medical treatment, individual and group therapy is also available. We follow the community standard of care,” she said.

Yoakam is doing time for murder and conspiracy to commit murder, according to reports, and is set to be released next May.

Courts have split on legal battles waged by transgender inmates.

Last year, one Idaho transgender woman won a case for transition surgery. The same year, though, a federal appeals court ruled against another transgender inmate challenging a Florida policy banning hormone treatment.

That case has been appealed to the Supreme Court, but the justices have not said whether they’ll hear the issue when they return for the new term in October.