Federal Judge Blocks Transfer of Transgender Inmates to Male Prisons
WASHINGTON, D.C. – A federal judge has halted the Trump administration’s plan to transfer 12 transgender female inmates to male prisons, in a significant setback for the President’s executive orders denying recognition of transgender individuals.
Lawsuit Filed by Inmates
The inmates, housed in Bureau of Prisons facilities, filed a lawsuit on January 30th, citing concerns that they would lose access to essential medical treatment if transferred to prisons that do not recognize their gender identities. They argued that such a transfer would put them at substantial risk of serious harm, violating their Eighth Amendment rights under the Constitution.
Temporary Restraining Order and Preliminary Injunction
On February 18th, U.S. District Judge Royce Lamberth issued a temporary restraining order prohibiting the transfer of the inmates. On Monday, he extended the order with a preliminary injunction, ruling that the plaintiffs were likely to prevail in their case under the Eighth Amendment.
Judge’s Reasoning
Judge Lamberth concluded that the inmates were not likely to be safer in a low-security men’s prison, as proposed by the government. He cited "numerous government reports and regulations recognizing that transgender persons are at a significantly elevated risk of physical and sexual violence relative to other inmates when housed in a facility corresponding to their biological sex."
Other Pending Lawsuits and Trump’s Executive Orders
This case is one of several pending in federal courts challenging Trump’s executive orders on transgender rights. At a recent National Governors Association meeting, Maine Governor Janet Mills threatened to sue the President over his threat to halt federal funding to states that recognize transgender athletes.
In another lawsuit, transgender troops are fighting a policy that would halt their recruitment and potentially remove them from the military.
Trump signed an executive order on January 20th, his first day in office, that defined gender as strictly male or female, effectively invalidating the recognition of transgender individuals. A subsequent order on February 5th barred transgender athletes from competing against women in sports.
Inmates’ Arguments
In their lawsuit, the transgender inmates argued that they would be at "extremely high risk of harassment, abuse, violence, and sexual assault" if transferred to male prisons. They also raised concerns about being subjected to strip-searches by male correctional officers and being denied access to medical care for gender dysphoria.
Government’s Arguments
Government lawyers argued that the court lacked jurisdiction over the prison issue and that there was no need for a ruling since no new policy had been implemented. They pointed to the D.C. Circuit’s recognition of the constitutionality of inmate segregation by sex.
Judge’s Decision
Judge Lamberth rejected the government’s arguments, stating that the inmates’ Eighth Amendment rights would be violated by their transfer to male prisons. He asserted that the mere presence of men in a male prison would exacerbate the inmates’ gender dysphoria, even if they were not subjected to physical or sexual violence.
Implications
The court’s ruling represents a significant setback for the Trump administration’s efforts to restrict the rights of transgender individuals. It also highlights the ongoing legal battles over the interpretation and enforcement of the President’s executive orders.
The outcome of the case will likely have implications for transgender inmates throughout the country and for the broader fight for transgender rights.
