A federal judge temporarily blocked the transfer of three transgender women to men's prisons and the termination of their hormone therapy, citing concerns for their safety and constitutional rights. This ruling stems from a lawsuit challenging former President Trump's executive order, signed on January 20, that requires the federal Bureau of Prisons to house inmates based on their biological sex. The plaintiffs' attorneys argue that the order violates the transgender women's equal protection rights and exposes them to psychological harm and violence.
A federal judge granted a temporary restraining order on Tuesday, halting the transfer of three transgender women from women's prisons to men's facilities and the termination of their hormone therapy. The order, issued by U.S. District Judge Royce Lamberth in Washington, D.C., came after a hearing where plaintiffs' attorneys argued that former President Donald Trump's executive order , signed on January 20, discriminates against transgender people and violates their constitutional rights .
The judge is presiding over a lawsuit filed on behalf of the three transgender women who were housed in women's facilities before Trump signed the order, which requires the federal Bureau of Prisons to ensure that “males are not detained in women’s prisons” and to revise its medical care policies so that federal funds aren't spent “for the purpose of conforming an inmate’s appearance to that of the opposite sex.” Attorneys for the plaintiffs argued that moving the women to men's prisons would jeopardize their safety and expose them to psychological harm. They also stated that Trump's order would disrupt the plaintiffs' access to hormone therapy for their gender dysphoria, a condition linked to depression and suicidal thoughts. Judge Lamberth noted that there are only about 16 transgender women housed in female penitentiaries, including the three plaintiffs who sued in Washington. He concluded that “the public interest in seeing the plaintiffs relocated immediately to male facilities is slight at best.” He also stated that “the balance of the equities and the public interest favor the plaintiffs.” The plaintiffs, identified by pseudonyms in court filings, are represented by attorneys from the San Francisco-based National Center for Lesbian Rights and Boston-based GLBTQ Legal Advocates & Defenders (GLAD Law). They were housed in women’s units for months or years until January, when they were removed from the general population of women’s prisons and segregated with other transgender women to await transfers to men’s facilities. “They were terrified at the prospect of these transfers given the serious risk of violence and sexual assault that they face in these men's facilities,” GLAD attorney Jennifer Levi told the judge. Plaintiffs' lawyers argued that Trump's order violates their clients' constitutional rights to equal protection of laws and to be free from cruel and unusual punishment. “There is no way to keep these women safe outside of a women's prison,” Levi said. “We are just asking this court to maintain the status quo.” Bureau of Prisons attorney, Robinson, stated that the plaintiffs haven't been denied any medical care since Trump signed the order. He added that the Bureau of Prisons hasn't decided where to transfer them yet.This ruling is not the first legal challenge to Trump's order. On January 26, a federal judge in Boston issued a restraining order in a separate challenge to the same executive order, limiting it to one transgender woman in a woman's prison.
Transgender Rights Executive Order Prison Policy Equal Protection Constitutional Rights
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