A federal judge is poised to make a decision regarding a motion to temporarily stop prison authorities from transferring three transgender women prisoners to male facilities, as well as from cutting off their hormone therapy access, stemming from an executive order issued by former President Donald Trump.
U.S. District Judge Royce Lamberth, situated in Washington, D.C., has indicated that he will provide a written ruling after the plaintiffs’ attorney contends that the executive order discriminates against transgender individuals and infringes upon their constitutional rights.
This legal matter involves a lawsuit on behalf of the three transgender women who had been housed in women’s prisons prior to Trump enacting the order on January 20, which was his initial day back in office.
Just days later, on January 26, a federal judge in Boston granted a restraining order related to a separate case challenging the same executive order, but this order applied to only one transgender woman at a women’s prison.
The executive order mandates that the federal Bureau of Prisons ensures that “males are not housed in women’s prisons” and also requires revisions to medical care protocols to prevent federal funds from being utilized “to change an inmate’s appearance to resemble that of the opposite sex.”
Attorney John Robinson representing the Justice Department stated that prison officials possess “broad discretion” when it comes to inmate placements.
Lawyers for the plaintiffs asserted that relocating the women to a male prison would pose significant risks to their safety and expose them to potential psychological distress.
The plaintiffs’ access to hormone therapy, critical for alleviating their gender dysphoria—which can lead to severe mental health challenges including depression and suicidal ideation—would be interrupted by the implementation of Trump’s order.
The individuals involved, referred to by pseudonyms in court documents, are supported by legal representatives from the National Center for Lesbian Rights based in San Francisco and GLAD Law from Boston.
Until January, the plaintiffs had been living in women’s units for varying durations, but were then removed from the general population and placed in a segregated area with other transgender individuals as they awaited transfer arrangements to men’s facilities.
“They are frightened about the potential of being transferred, considering the high risks of violence and sexual assault they may encounter in these male prisons,” said GLAD attorney Jennifer Levi during the court session.
The lawyers representing the plaintiffs argued that the executive order violates their clients’ rights to equal protection under the law and subjects them to cruel and unusual punishment.
“It is impossible to ensure these women’s safety outside of a women’s prison,” Levi stated. “We simply request that the court maintain the existing arrangement.”
Robinson responded by asserting that the plaintiffs have not been deprived of any medical services since the issuance of Trump’s order, and that the Bureau of Prisons has yet to determine where the transfers will occur.
“I prefer not to speculate on how BOP might interpret this executive order,” Robinson remarked.
Judge Lamberth, who is a senior judge, was appointed by former President Ronald Reagan back in 1987.
