There are countless news articles, institutional studies and governmental reports detailing the lack of funding in our current federal and state prison systems. Crowded institutions, inadequate medical care and violent conditions are problems typically associated with the prison system's absence of resources.

With a majority of the funding coming directly from our pockets, most politicians tend to veer away from even addressing the problem for fear of being designated as big-government proponents. Yet, a Wisconsin law that actively seeks to eliminate useless and excessive spending in its jails and channel it towards more productive outlets has come under unjust legal attack.

In January, Assembly Bill 184 was passed with little-to-no fanfare. The bill mandates that neither state nor federal funds can be used to fund the hormone therapy or sex-reassignment surgery of prisoners or forensic patients. With the passage of this legislation, Wisconsin inmates currently undergoing hormonal therapy were prevented from continuing their "necessary" treatment.

Almost immediately, the law found its way into the courts. A Wisconsin federal court, struggling with the law's constitutionality, issued an injunction that temporarily invalidated AB 184. The court's main constitutional concern was whether the law was in direct violation of the 14th Amendment's Equal Protection Clause, which demands that the states apply the law equally and fairly, regardless of a person's race, religion or creed.

This claim lacks substantial validity. Nowhere does the bill discriminate against or malign a criminal's religion or race. Nowhere does the bill place an undue burden on a criminal because of who they are. While some may argue that a prisoner's sexual orientation might be unfairly targeted, the bill does not consider an individual's sexual preference.

Additionally, on Jan. 24, the ACLU filed a lawsuit against the Wisconsin Department of Corrections, challenging the constitutionality of Bill 184. The suit was filed on behalf of four Wisconsin inmates who were receiving hormone therapy prior to the bill's enactment. According to Attorney Larry Dupuis, who is representing the ACLU of Wisconsin, "Prisoners have a constitutional right to reasonable and necessary medical care. If the state provides care that is deliberately different to serious medical needs, that violates the Eighth Amendment … and that's unconstitutional."

In essence, the ACLU is arguing that a discontinuation of these hormonal treatments is a form of cruel and unusual punishment. In the ACLU's eyes, sex-change operations and their medicinal counterparts are "reasonable and necessary medical care."

Countering Mr. Dupuis' claims, it's imperative to note that a majority of health insurance providers don't cover sex-change operations under their medical plans. The obligation of any health care company is to provide coverage to its customers for "reasonable and necessary medical care." Individuals who decide upon operations or treatment that changes their sexual features must pay for it themselves.

According to the Associated Press, hormone therapy costs between $675 and $1,600 per year. According to the New York Times, sexual reassignment surgery can cost anywhere from $7,000 to $24,000.

Echoing many Wisconsin constituents, AB 184 lead author Rep. Scott Suder, R-Abbotsford, said, "To stop forcing taxpayers to pay for sex-change therapy for prisoners certainly is not cruel and unusual punishment. I think it's absurd for anyone, especially a federal judge, to argue that sex-change therapy is somehow medicinal in nature. It's a choice."

At a time when prisons throughout the country, let alone Wisconsin, are facing an ever-growing depletion of funds, valuable resources must be spent prudently and effectively. Drug rehabilitation programs, vocational schooling and additional medical staff are areas that demand and deserve immediate attention — attention that is being negligently shifted by the ACLU and its lawsuit.

Josh Moskowitz ([email protected]) is a senior majoring in political science and journalism.