A federal judge has expanded an injunction protecting transgender women in federal prisons from being transferred to male facilities and from having their hormone treatments halted, following a controversial executive order by President Trump. The judge, Royce C. Lamberth, ruled that transferring these women could expose them to heightened risks of violence and suicide. The order led to multiple lawsuits from transgender prisoners, prompting courts to reaffirm that prison systems must provide gender-related medical treatment. Despite critiques regarding the safety of female inmates, the Bureau of Prisons confirmed that it must still comply with federal laws.
On Monday, a federal judge granted protection to additional transgender women in federal prisons against an executive order that aimed to relocate them from all-female units to all-male units and discontinue their hormone therapy.
Among various directives impacting transgender individuals, President Trump instructed the federal Bureau of Prisons on January 20 to accommodate all transgender women based on their sex assigned at birth and to cease any gender-related medical care.
However, the order faced legal challenges after multiple transgender inmates filed lawsuits, claiming that such transfers would significantly increase their vulnerability to physical and sexual violence and that discontinuation of their treatments would be physically “devastating” and elevate their suicide risk.
Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia issued an injunction against the executive order that halted the transfer of three inmates earlier this month. On Monday, he broadened the injunction to include ten more transgender plaintiffs.
Courts have consistently affirmed that prison systems are required to provide gender-related medical treatment for transgender prisoners. Additionally, both the Supreme Court and federal laws, along with prison regulations, have acknowledged that transgender inmates face a heightened risk of violence, which should be a consideration during housing assignments.
Critics assert that the safety and privacy of female inmates may be jeopardized when transgender women are placed in women’s prisons.
On Friday, the Bureau of Prisons announced new limitations concerning transgender inmates. Simultaneously, the bureau clarified that Trump’s executive order “does not override or alter B.O.P.’s obligation to adhere to federal laws and regulations,” including the Prison Rape Elimination Act.
Only around two dozen of the 1,500 trans women within the federal prison system are currently housed in women’s facilities, partly due to the lengthy and complex process required for approving such transfers.
Judge Lamberth, appointed by President Ronald Reagan, stated that the plaintiffs presented a compelling case that the transfers would infringe upon their right to be free from cruel or unusual punishment, while the government had provided minimal evidence to support its position.
The government contends that the determination of housing placements is at the bureau’s discretion and that it has identified low-security men’s facilities for the women that would “reduce the likelihood of victimization.”