The Pentagon is considering transferring Pvt. Chelsea Manning to a civilian prison where the soldier serving time for leaking classified documents could receive medical treatment for gender dysphoria, defense officials said Wednesday. But her lawyer said a move from a military prison would make Manning choose between the treatment and her safety.
Manning, who joined the Army as a man and formerly used the name Bradley, is serving a 35-year sentence for leaking a trove of sensitive military documents and diplomatic cables to the anti-secrecy group WikiLeaks. While the Pentagon routinely discharges transgender service members who take steps to transition to the sex they identify with, Manning cannot be discharged from the service until the sentence is served.
"The Secretary approved a request by Army leadership to evaluate potential treatment options for inmates diagnosed with gender dysphoria," Pentagon Press Secretary Rear Adm. John Kirby said in a statement Wednesday. "No decision to transfer Private Manning to a civilian detention facility has been made, and any such decision will, of course, properly balance the soldier's medical needs with our obligation to ensure Private Manning remains behind bars."
The Army sends an average of 15 to 20 prisoners a year to civilian prisons. But Manning's appeals have not been exhausted, she's still in the military and her case is of national security interest. Those are factors that normally would prevent a transfer.
Her lawyer, David Coombs, contended that civilian prisons are not as safe.
Coombs said "any military facility would be acceptable." In a statement, he said "it is common knowledge that the federal prison system cannot guarantee the safety and security of Chelsea in the way that the military prison system can."
Defense officials said the Army is expected to meet with the Justice Department this week to discuss the matter. The Justice Department declined to comment.
Defense Secretary Chuck Hagel said Monday that he is disinclined to formally review the Pentagon's policies that bar transgender people from serving in the military, but is keen to learn more about the issue.
"I've not asked for a specific task force," Hagel said. "I've not asked for a specific study. I would want to hear more from individuals who are close to this issue, know this issue, who I would value their judgment and their direction on."
The secretary said the "medical dimensions" of the issue make it more complex than others the Pentagon has wrestled with, such as the 2011 repeal of the policy that barred openly gay people from serving. However, he said, "I believe that all qualified individuals who want to serve their country in uniform should have an opportunity to do that."
Manning, who is being held at an Army prison in Fort Leavenworth, Kan., asked medical personnel there in August for "a treatment plan consistent with the recognized professional standards of care for trans health," according to a statement attributed to the soldier posted last month on a website run by supporters.
"They quickly evaluated me and informed me that they came up with a proposed treatment plan," the statement said. "However, I have not yet seen their treatment plan, and in over eight months, I have not received any response as to whether the plan will be approved or disapproved, or whether it follows the guidelines of qualified health professionals."
The Pentagon's handling of the case will likely be informed by a legal ruling by the 1st Circuit Court of Appeals, which found in January that depriving a transgender inmate from treatment options endorsed by physicians could be construed as a violation of the constitutional protection against cruel and unusual punishment. That case involved a female transgender inmate who sought gender reassignment surgery in Massachusetts.
Manning filed a complaint in March protesting the military's delay in responding to her request for a medical treatment plan. The complaint referenced three types of treatment. The first, known as "real life experience," entails dressing and living as the gender the person identifies with. Additional potential steps could include hormone therapy and sex reassignment surgery.
The Army last month changed Manning's official paperwork to reflect her new name, Chelsea Elizabeth, after a Kansas judge signed off on a name change petition the soldier submitted. Army officials, however, have said they continue to regard Manning as a man.
Information for this article was contributed by Ernesto Londono of The Washington Post and by Pauline Jelinek and Lolita C. Baldor of The Associated Press.
A Section on 05/15/2014