Bill adding rules on how to house Oklahoma’s transgender inmates faces criticism

OKLAHOMA CITY — There’s deep division over a proposed law that would require Oklahoma’s prison system to house people based on their biological gender by regulating bathroom and sleeping areas.

Supporters of House Bill 3022 say it’s a proactive measure aimed at housing transgender inmates and protecting them from sexual assaults. Critics say it’s unnecessary, creates a logistical nightmare and is another attack on the rights of LGBTQ+ Oklahomans.

The measure, authored by Rep. Justin Humphrey, requires that every Department of Corrections restroom and changing room used by multiple inmates at the same time be designated for use by members of only one sex. It also requires that sleeping quarters in DOC-run prisons only be used by members of the same sex.

County and city jails would be exempt.

Humphrey, R-Lane, said he’s watched other states, particularly California, grapple with housing transgender inmates. 

While he acknowledges that he’s not aware of any issues with housing transgender inmates in Oklahoma, Humphrey said lawmakers need to get ahead of any potential problems. That’s what he believes his legislation does.

“This bill is designed to make sure that we don’t have a large population now claiming to be transgender, now claiming they need to be housed in a different facility because they identify as something different,” he said. 

Humphrey said it’s not as big of an issue if someone has totally transitioned versus is in the process of transitioning or identifies as the opposite gender.

“We’re not going to destroy our total system and put other people in danger, especially women in danger, by putting a male in that facility,” Humphrey said.

But Rep. Mauree Turner, D-Oklahoma City, said they question what lawmakers are doing when they see bills like this. Oklahoma is consistently ranked in the bottom 10 in education and quality of life for women, said Turner, who is nonbinary and uses they/them pronouns. People are having to choose between eating or paying rent, they said.

Over the past two sessions, legislators have banned gender-affirming care for minors, gender-neutral birth certificates and transgender youth’s participation in women’s sports. Students are also required to use school bathrooms that match their biological sex rather than gender identity.

Turner said the state also just witnessed the death of Owasso nonbinary teen Nex Benedict. The 16-year-old died by suicide on Feb. 8, a day after reporting bullying. Benedict’s death drew a national outcry. President Joe Biden called on Americans to end discrimination and tackle the transgender and nonbinary youth suicide crisis.

“It is wild how we continue to throw stones of community hate and oppression while hiding our hands like we don’t have state influence in our elected capacity,” Turner said. 

They said the bill blatantly disregards medical transitions along with the fact that so many transgender individuals can’t afford to transition.

Oklahomans continuously see the impact of real-life death and assault of trans Oklahomans and trans U.S. citizens, Turner said.

“If we want to protect women in Oklahoma in our prisons specifically, we have real issues that we are facing,” Turner said. “And possibly forcing Oklahomans to detransition because they ended up in our prisons before they ended up with the resources they needed to survive this state is absolutely abhorrent.”

Kay Thompson, a DOC spokesperson, said the agency does have transgender inmates.

She said the agency does a really good job handling the issue, without additional legislative parameters.

“I don’t necessarily feel like this legislation fills a gap that we were missing,” Thompson said. “I think we on our own have handled it very well.”

DOC takes special precautions for transgender inmates, giving them additional medical care, ensuring they’re housed properly and feel comfortable in their housing, she said.

“We do take all of that in big consideration in housing,” Thompson said. “We want to make sure everyone’s safe and comfortable, and so we already work within those kinds of realms to make sure that we keep everyone safe.”

Inmates are housed based on their biological gender. DOC has not yet had anyone come into their custody who has fully transitioned, she said.

Nicole McAfee, executive director of Freedom Oklahoma, which advocates for LGBTQ+ rights, said the legislation is unnecessary. Cases involving transgender inmates in Oklahoma are handled on an individual basis, they said.

“The logistics of this bill that would require DOC to have birth certificates for every single person that they process just seems so far-fetched to solve a problem that doesn’t exist,” said McAfee who uses she/they pronouns.

They said the federal Prison Rape Elimination Act creates strong standards to ensure that prisons are housing people in a way that does not discriminate against them based on their gender identity.

“I think that this bill would only create problems in the case that they needed to comply with a situation where they had someone trans who was incarcerated in DOC custody,” McAfee said.

The measure cleared the state House along party lines. It awaits consideration in the Senate.