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FACT BRIEF

Has Kamala Harris supported taxpayer-funded gender-affirming surgery for inmates and detainees?

By Tom Kertscher
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YES

Kamala Harris has supported the rare occurrence of taxpayer-funded gender-affirming surgery for prison inmates and detained undocumented immigrants.

The claim, made on Wisconsin radio by U.S. Rep. Matt Gaetz, R-Florida, is similar to one made in an ad from former President Donald Trump shown during the Oct. 27, 2024, Green Bay Packers game.

The American Civil Liberties Union asked 2020 presidential candidates if they would ensure that “people who rely on the state for medical care — including those in prison and immigration detention — will have access to comprehensive treatment associated with gender transition, including all necessary surgical care?”

Harris answered Yes, adding that as California attorney general, she advocated for gender transition surgery for inmates.

Asked Oct. 16 by Fox News if that is still her position, Harris said: “I will follow the law.”

Two transition surgeries were done on federal inmates since 2022. Trump's administration allowed "necessary" transgender surgeries.

See a full discussion of this at Wisconsin Watch
This fact brief is responsive to conversations such as this one.
Sources
omny.fm Guest: Congressman Matt Gaetz - The Meg Ellefson Show 102424 - The Meg Ellefson Show
The Jim Heath Channel 2024 Trump 'Hell No' Ad
American Civil Liberties Union ACLU Rights for All Candidate Questionnaire 2019 Kamala D. Harris
Advocate Kamala Harris on Denying Gender Affirmation Surgery to Trans Inmates
NCTE Action Fund Transform the White House: Sen. Kamala Harris
Fox News Harris dodges question on taxpayer-funded transgender surgery for prisoners
Fox News (10:35) Full interview: Vice President Kamala Harris sits down with Bret Baier in 'Special Report' exclusive
New York Times Under Trump, U.S. Prisons Offered Gender-Affirming Care
CNN KFile: Harris told ACLU in 2019 she supports cuts to ICE funding and providing gender transition surgery to detained migrants
FactCheck.org Harris' Position on Health Care for Transgender Prisoners and Detainees - FactCheck.org
Verify Verifying Harris attack ad on gender surgeries for prisoners
PolitiFact Harris’ support for prisoner access to transgender surgery aligns with federal law and court rulings
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Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.