Wisconsin’s attempt to ban hormone therapy for transgender prison inmates is unconstitutional, a federal appeals court ruled Friday. 

The U.S. 7th Circuit Court of Appeals upheld the decision of the U.S. District Court Judge Charles Clevert in April 2010 that the state's 2005 "Sex Change Prevention Act" was unconstitutional.  State officials had appealed that decision and the 7th Circuit heard oral argument in February. 

Legal advocates for the transgendered applauded the decision. 

“Too often the medical needs of transgender persons are not treated as the serious health issues that they are,” said John Knight, senior staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. 

“We are glad that the appeals court has found that medical professionals, not the Wisconsin legislature, should make medical decisions for inmates.” 

Steven Means, Executive Assistant Attorney General, took a different view. 

“We don’t believe the Constitution requires prison officials to provide hormone therapy and sexual reassignment surgery to prisoners.  However, the Seventh Circuit disagrees and we will now have to consider our litigation options in light of today’s decision.”  O

Three inmates filed the federal suit after prison officials began reducing hormone treatment for some already receiving it.  Clevert issued an injunction to prevent elimination of the treatment until the case was tried and he issued his ruling. 

The state argued the ban on hormone therapy was not cruel and unusual because alternative treatment, such as psychotherapy and anti-depressants, would still be available. 

State lawmakers passed the Sex Change Prevention Act in reaction to the case of a Wisconsin inmate who had been receiving the hormones for years, but sued when the Department of Corrections would not pay for sex-change surgery.  That inmate is not among those who brought the current suit, filed in 2006.