President Donald Trump of the United States has directed federal prisons to stop providing gender transition-related medical care and move transgender women inmates to men’s institutions.
The action was a component of a broad executive order signed by Mr. Trump on his first day in office, which aimed to restrict the government’s recognition of a person’s gender to the sex they were born with.
One of the order’s most specific provisions, the prisoner directive, also applies to immigration detainees.
During his last term, Trump imposed certain limitations on transgender inmates’ access to housing and medical care, but the new order went farther.
The Women’s Liberation Front, which supports single-sex jails and defines women according to their sex at birth, referred to the decision as “a major victory.”
A California statute that permits inmates to request housing that corresponds with their gender identity is being challenged by the group.
It contends that the statute infringes upon the constitutional rights of nontransgender female prisoners, such as the right to be free from harsh and unusual punishment guaranteed by the Eighth Amendment.
“Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being,” according to Trump’s directive, which repeated those points.
Advocates for transgender individuals and prisoners, however, denounced the decree, claiming it would endanger them.
“There will be rapes and physical assaults because of this policy,” stated Shannon Minter, the National Center for Lesbian Rights’ legal director, who has defended transgender inmates.
“It’s also terrible for prison officials, who right now have the authority to use discretion about what makes the most sense for the safety and security of the facility.”
It would also be susceptible to legal challenges, according to legal experts.According to federal courts, prison systems must safeguard inmates who are at risk.
Some have also maintained that inmates suffering gender dysphoria—the distress brought on by a mismatch between one’s body and gender identity—must have access to medical treatment, including hormone therapy.