Constitutional question about Barrett's prison health savings proposals

Democratic candidate for governor Tom Barrett
announcing his budget savings proposals.
(AP Photo/Scott Bauer)

Democratic gubernatorial candidate Tom Barrett is proposing to find one billion dollars in budget savings.

Among the items he proposes to cut are prison health care costs. He specifically cites

elective procedures –
such as sex-change operations.

Hormone or surgical treatment for sexual identity disorder are not "elective" but may be ordered by a physician after a complex diagnostic process.

In 2005 the legislature attempted to ban payment of hormone therapy for inmates diagnosed with gender identity disorder.

In April, 2010 a Federal judge ruled the law an unconstitutional denial of inmates equal protection and a violation of the prohibition on cruel and unusual punishment.

Wisconsin ACLU attorney John Knight stated:

The court's ruling doesn't require inmates to receive hormones or surgery for sex reassignment,  It simply means that doctors are the ones who make the decisions about treatment.

Attorney Knight estimates no more than twelve inmates are effected by this ruling.

Laurence Dupuis, legal director of the ACLU of Wisconsin Foundation to reported to think

...that while the ruling doesn't address surgery...the ruling supports the principle that any medical care in prisons must be based on medical judgment, which means the surgery would at least be theoretically possible.

- Bruce Vielmetti of the Milwaukee Journal Sentinel

State budget problems cannot be fixed by refusing to provide Constitutionally mandated health services to inmates. Making such proposals distracts from the serious work that needs to be done. 

Full disclosure: I plan to vote for Barrett. I hope criticism such as this will encourage him to formulate better policy proposals which will make him a better candidate with a greater chance of success.

Contact the Madison Healthy Living Examiner: Leonard H. Cizewski