A federal judge has ruled that the Bureau of Prisons (BOP) must provide sex change procedures to a convicted pedophile who recently began identifying as transgender.
Brian Buckingham, 47, is serving more than 21 years in prison for sexually abusing his 10-year-old son and producing child sex abuse images. Shortly before sentencing, Buckingham began identifying as “Nani Love” and claimed to be female, Reduxx reported.
In court filings, Buckingham claimed that being unable to access previously provided “gender-affirming” treatments, like hormone therapy, had worsened his depression and suicidal thoughts, The Post Millennial reported. Attorneys for Buckingham argued the sex change procedures were “medically necessary” to treat gender dysphoria and that denying Buckingham access to them is a violation of his Eighth Amendment rights.
Magistrate Judge David Christel ruled in September that Buckingham is “likely to succeed” on his claim that the BOP’s denial of sex change procedures is cruel and unusual punishment. In his ruling, Christel cited evidence that the BOP first acknowledged Buckingham’s requests for sex change procedures but then “discontinued them without reason.”
Christel’s recommendation was ultimately adopted by U.S. District Judge Ricardo Martinez who ordered the BOP to provide consultations to Buckingham within 30 days for laser hair removal, facial feminization surgery, and voice therapy.
The BOP objected to the ruling and asked the court to dismiss or delay the Buckingham case until a final verdict is reached in Kingdom v. Trump, a separate class-action lawsuit filed by transgender-identifying inmates challenging the Trump administration’s restriction on sex change drugs and surgeries in federal facilities. Buckingham’s attorneys argued that he faces “irreparable harm” if he does not have access to sex change measures.
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