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Note: The Unconstitutionality of the Current Housing Arrangements for Intersex Prisoners, Hastings Constitutional Law Quarterly, Volume 42 Issue 2

Winter 2015

Miki Ann DiMarco spent 438 days in the most restrictive and isolated housing pod at Wyoming Department of Corrections due to the fact that she was "classified as an individual of ambiguous gender." Even though DiMarco identified herself as female since puberty, she was segregated from the general prison population because of her gender ambiguity.

This Note seeks to examine the problems that arise due to the insistence upon a binary society with regards to sex. First, this Note sheds light on sex as a spectrum, rather than the classic male/female dichotomy—particularly focusing on the different conditions of intersex people. Next, this Note discusses the ways in which prison authorities house and treat intersex prisoners. The potential constitutional violations of these housing classifications is analyzed with special emphasis on the DiMarco case.