Court Halts Trump Administration’s Transgender Inmate Housing Policy
On February 27, 2025, a federal judge in the District of Columbia issued a temporary restraining order halting the Trump administration’s plans to relocate transgender inmates to facilities corresponding to their biological sex. The order, issued by Reagan-appointed U.S. district court judge Royce C. Lamberth, prohibits the government from changing the housing status or medical treatment of the plaintiffs, all of whom are transgender women, as it existed on January 20, 2025.
Background
The administration’s policy stems from President Donald Trump’s executive order, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," signed in January. The order prohibits the use of taxpayer funds for medical procedures that conform an inmate’s appearance to the opposite sex. The medical standard of care for gender dysphoria typically involves allowing transgender individuals to live in a sex different from their birth sex through medications, surgical care, and social transition.
Lawsuit
The lawsuit, filed in the U.S. District Court for the District of Columbia, was brought by a dozen anonymous inmates known as Jane Doe, Mary Doe, and so on. The suit alleges that the executive order targets transgender individuals and strips them of established legal protections. The inmates argue that transferring them to men’s facilities would violate the Eighth Amendment’s prohibition against cruel and unusual punishment, as they would face sexual harassment, assault, and rape.
The lawsuit also alleges that Sara Doe would be forced to shower in full view of male inmates, exposing her breasts and female genitalia. Similar charges were made for the other transgender inmates.
Judge’s Decision
Judge Lamberth acknowledged the likelihood of success on the merits of the plaintiffs’ Eighth Amendment claim. However, he declined to rule on other claims made in the lawsuit. Lamberth ordered the government to maintain the plaintiffs’ housing status and medical care as it existed before January 20, 2025.
Reaction
The Trump administration has not yet responded to the court order. However, this is not the first lawsuit challenging the administration’s efforts to override gender ideology within the federal government. A transgender inmate receiving taxpayer-funded medical treatments filed a lawsuit just days after the executive order was signed. That inmate, Maria Moe, was transferred to a men’s prison facility, and her sex was changed from female to male in BOP records.
Next Steps
The temporary restraining order is a significant victory for transgender inmates and advocates. However, it is important to note that the order is temporary and does not permanently block the Trump administration’s policy. The case is expected to proceed through the courts, and the ultimate outcome is uncertain.
The lawsuit highlights the ongoing debate over the treatment of transgender individuals in prison and the importance of protecting their rights and safety.
