Federal judge blocks transfer of trans female prisoners to male prisons

• A federal judge has blocked the transfer of 12 transgender female prisoners to male federal prisons. The inmates filed a lawsuit expressing concerns about their medical needs and safety.
• President Donald Trump’s executive order prohibits federal funds from being used for any medical procedure, treatment or drug for changing an inmate’s appearance to the opposite sex.
• This isn’t the first lawsuit challenging the order; an inmate identified as “Maria Moe” was to be transferred to a men’s prison facility.

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A federal judge has blocked the transfer of 12 transgender female prisoners to male federal prisons, at least for now. On Monday, Feb. 24, the judge halted the Bureau of Prisons’ plan to move the inmates.

Last Friday, Feb. 21, the inmates filed a lawsuit expressing concerns that their medical needs would not be met at a prison that does not recognize their gender identity. The lawsuit also stated that the inmates would not be safe if transferred to a men’s facility, where they would be at risk of sexual harassment, assault and rape.

During the week of Feb. 16, Judge Royce Lamberth initially issued a temporary restraining order. On Monday, he extended the block, citing the likelihood of the plaintiffs’ success based on the Eighth Amendment, which bars cruel and unusual punishment of prisoners. Lamberth added that the court takes no position on the other claims stated in the lawsuit.

When did the issue begin?

This situation arose following a memo released by the Bureau of Prisons. On Friday, The New York Times obtained a copy of the memo, which detailed the treatment expected of transgender inmates. The guidelines require prison staff to refer to inmates by their legal name or pronouns corresponding to their biological sex.

The memo also stated that transgender women would no longer be shielded from pat-down searches by male guards, and would no longer be permitted to buy bras and other women’s clothing at the commissary. Public funds would also no longer be used to purchase items that bind breasts, remove hair or allow trans men to use urinals.

What’s in the executive order?

President Donald Trump’s executive order prohibits federal funds from being used for any medical procedure, treatment or drug for the purpose of changing an inmate’s appearance to the opposite sex. The order also declares that there are only “two sexes.”

This isn’t the first lawsuit challenging the order. In January, an inmate identified only as “Maria Moe” was to be transferred to a men’s prison facility. The Bureau of Prisons records changed the sex from “female” to “male.” Moe has since been removed from the general population and placed in a special holding unit pending transfer.

According to the Bureau of Prisons, more than 2,000 inmates identify as transgender.