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Walz Administration Agrees to $500K Settlement in Transgender Inmate Lawsuit

 September 8, 2024

The administration of Minnesota Gov. Tim Walz has agreed to a $500,000 settlement following a sex discrimination lawsuit filed by the left-wing nonprofit Gender Justice on behalf of Christina Lusk, a transgender inmate.

The case -- and the settlement -- has drawn attention due to the significant payout and the subsequent changes in state policy regarding the treatment of transgender inmates, as Fox News reports.

Christina Lusk, a biological male who identifies as female, alleged that the Minnesota Department of Corrections (DOC) discriminated against her by not placing her in a women's prison and denying her requests for sex-change surgery. The complaint was filed by Gender Justice, a progressive legal nonprofit.

Inmate Alleges Discrimination In Prison Placement

Before she was incarcerated in 2018, Lusk had been undergoing hormone therapy and sought gender-affirming surgery.

While in state custody, she continued to advocate for gender-related medical procedures. Lusk’s lawsuit centered on claims of sex discrimination due to her placement in a male prison and the denial of gender-affirming surgery by the DOC.

Lusk was released from prison and placed under state supervision as of Jan. 31, 2023. Her case, however, had already set the stage for broader changes to the DOC’s policies on the treatment of transgender inmates.

Settlement Involves Multiple Parties and Payouts

The settlement, which totaled $495,000, was split among Christina Lusk, Gender Justice, and the law firm Robins Kaplan LLP. Lusk herself received $245,903.72, while Gender Justice was awarded $198,000. Robins Kaplan LLP, which handled the legal representation, was paid $51,096.28 in legal fees.

According to reports, this payment to Gender Justice was not the only one from the state. In 2023, the organization received a total of $448,904 from the Minnesota Department of Corrections, including other payments from the Minnesota Department of Education.

Significant Policy Changes Follow Settlement

As part of the settlement, the Minnesota Department of Corrections agreed to adopt the World Professional Association for Transgender Health (WPATH) Standards of Care. These guidelines set out protocols for treating individuals with gender dysphoria, including transgender inmates. The decision to implement these standards did not go through the legislative process, raising concerns about transparency.

"This sidestepped the public input that comes with a legislative debate," said Christopher Neefus, a spokesperson for OpenTheBooks, a taxpayer watchdog group that highlighted the settlement. Neefus emphasized that while taxpayers often bear the financial burden of such settlements, this case also led to changes in state policy.

Political Ties Raise Questions About Motives

The case also attracted attention due to political connections. Robins Kaplan LLP, the law firm involved in the case, has been linked to Gov. Walz’s political campaign. The firm contributed over $22,000 to his gubernatorial run. Additionally, a member of the Minnesota Department of Health, part of the Walz administration, sits on Gender Justice’s board.

These ties between the parties involved in the lawsuit have raised questions about potential conflicts of interest. Critics argue that the settlement may have been influenced by these relationships, though no direct evidence has surfaced to suggest improper conduct.

Wider Implications for Transgender Inmate Policies

The issue of transgender inmates and their treatment in correctional facilities is not unique to Minnesota. Other states, particularly those with progressive administrations, have also seen changes in their handling of similar cases. For example, Colorado became the first state to create separate holding cells for transgender women following a class-action lawsuit against the Colorado Department of Corrections (CDOC) in 2019.

Additionally, health officials in the Biden administration successfully urged the World Professional Association for Transgender Health (WPATH) to remove age limits for transgender surgical procedures for adolescents, which could influence future legal and medical standards across the U.S.

Concerns Over Taxpayer-Funded Procedures

The settlement has also highlighted the broader issue of taxpayer-funded transgender procedures for inmates, an issue that has been gaining traction in liberal-leaning states. As these cases continue to emerge, questions persist over how far state policies should go in providing medical treatments, such as gender-affirming surgeries, within prison walls.

Neefus noted that while the financial aspects of the settlement were significant, the policy changes had even wider-reaching consequences. "Taxpayers are used to footing the bill, of course, but this deal also meant Minnesota would change its policies when it comes to transgender inmates," Neefus said.

Conclusion: A Complex Case with Lasting Impacts

The lawsuit filed by Christina Lusk, supported by Gender Justice, resulted in a substantial settlement and policy changes within Minnesota’s Department of Corrections. The nearly $500,000 payout, coupled with the adoption of new standards for transgender inmates, has sparked debate over the role of taxpayer funding and the transparency of state government decisions.

The case, involving a progressive legal nonprofit, a transgender inmate, and a politically connected law firm, is part of a growing trend in liberal states addressing the treatment of transgender individuals in the criminal justice system.

With policy changes now in place, Minnesota joins other states grappling with how best to accommodate the needs of transgender inmates, raising questions about the future of such settlements and their financial and policy implications.