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Wisconsin Watch partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

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.

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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Tom Kertscher joined Wisconsin Watch as a full-time reporter in October 2024. He started as a fact checker in January 2023 and contributes to our collaboration with the The Gigafact Project to fight misinformation online. Kertscher is a former longtime newspaper reporter, including at the Milwaukee Journal Sentinel. He is a contributing writer for Milwaukee Magazine and sports freelancer for The Associated Press.