'Definitely a vulnerable person': Openly transgender woman’s planned execution could be first in the U.S.

02 January 2023

Amber McLaughlin of Missouri, if not granted clemency this week, will be the first openly transgender woman to be executed in the United States, Associated Press (AP) reports.

McLaughlin was convicted of first degree murder in 2006 after the November 2003 stabbing of ex-girlfriend Beverly Guenther.

Her attorney, Larry Komp said, “We think Amber has demonstrated incredible courage because I can tell you there’s a lot of hate when it comes to that issue.” However, he clarified that the 49-year-old’s sexual identity is “not the main focus” of the clemency petition.

Instead, the petition draws attention to McLaughlin’s childhood trauma – such as experiencing assault from foster and adoptive parents, and mental health issues – which, according to AP, the 2006 jury did not know. The document also notes her depression and several suicide attempts.

A court ordered a new sentence hearing for McLaughlin in 2016, but was denied when a federal appeals court reinforced her death sentence in 2021. Her execution is currently scheduled for Wednesday, January 3.

The Anti-Execution Death Penalty Information Center reports that there has not been one case of an openly trangender incarcerated person’s execution.

A formerly incarcerated transgender woman who was housed in the same prison as McLaughlin, Jessica Hiklin, spoke to AP about their friendship that developed over the last few years they spent in prison together.

Hiklin, who also transitioned while incarcerated, sued the Missouri Department of Corrections in 2016 – and won in 2018 – for its policy that banned hormone therapy for incarcerated persons who weren’t already benefiting from it prior to prison. As a result, Hiklin became a counselor for others with similar stories, including McLaughlin – who needed assistance with navigating inevitable mental health challenges and a “male-dominated maximum-security prison.”

McLaughlin is “definitely afraid of being assaulted or victimized, which is more common for trans folks in Department of Corrections,” Hiklin said. “Definitely a vulnerable person.”

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