Amicus brief opposing Alaska inmate sex-change surgery funding

AG: South Carolina News

Filed April 2nd, 2026

Detected April 3rd, 2026

Summary

South Carolina Attorney General Alan Wilson joined 23 other states in filing a friend-of-the-court brief supporting Alaska's authority to regulate medical procedures in correctional institutions. The amicus brief argues that the Eighth Amendment does not give prisoners the right to taxpayer-funded sex-change surgeries, particularly in states where such procedures are illegal.

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What changed

South Carolina AG Alan Wilson joined an Indiana and Iowa-led amicus brief opposing an Alaska prisoner's demand for taxpayer-funded sex-change surgery. The 24-state filing argues that the Eighth Amendment's prohibition on deliberate indifference to serious medical needs does not entitle inmates to any medical intervention they desire, and that states retain authority to regulate controversial and experimental medical procedures in correctional settings.

No compliance deadline or required actions apply to this filing. This amicus brief represents a legal position in ongoing litigation and does not create new regulatory obligations. The filing reinforces state authority over prisoner medical care policy and may influence similar cases nationwide.

Source document (simplified)

APR 02, 2026

Attorney General Alan Wilson protects taxpayers from funding inmate sex-change surgeries

(COLUMBIA, S.C.) – Attorney General Alan Wilson joined 23 other states in a friend-of-the-court brief that supports a state’s right to regulate medicine for the protection of public health and safety, particularly in correctional institutions.

A prisoner in Alaska is demanding to receive their desired “sex-change surgery” at the expense of the facility and Alaska’s taxpayers, even though those procedures are illegal in Alaska and 23 other states. The Eighth Amendment prohibits prison officials from showing “deliberate indifference to serious medical needs of prisoners.” However, it does not give prisoners the right to access any type of medical interventions they desire.

“Prisoners cannot require taxpayers to foot the bill for controversial, risky, and medically unnecessary procedures, Attorney General Wilson stated. “The decision of protecting public health and safety rests with each state’s legislature.”

The brief cites multiple court decisions that highlight the debate surrounding sex-change procedures as treatment for gender dysphoria, as well as the constitutional basis for states to pass their own medical policy decisions.

Attorney General Wilson defends the constitutional authority of states to regulate medical treatment, especially controversial and experimental procedures, and affirms that inmates are not entitled to demand taxpayer-funded sex-change surgeries.

In addition to South Carolina, attorneys general from the following states joined the Indiana and Iowa-led filing: Alabama, Arkansas, Florida, Georgia, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, and the Arizona Legislature.

The full amicus brief can be read here.

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