A transgender inmate is taking legal action against the Trump administration over a controversial executive order that could significantly impact incarcerated transgender individuals. The lawsuit targets a policy requiring transgender women to be housed in men’s prisons and halting access to gender-affirming medical treatments for prisoners.
Filed in federal court in Massachusetts, the suit seeks to block the new regulations for all transgender inmates. The plaintiff, referred to as Maria Moe in court documents, is a transgender woman who has been housed in a women’s facility since her incarceration. Maria began her transition in middle school and has been on hormone therapy since age 15. She is represented by the National Center for Lesbian Rights, G.L.B.T.Q. Advocates and Defenders, and the law firm Lowenstein Sandler.
The lawsuit claims the Trump administration’s order violates federal laws governing how such regulations must be implemented. It also argues the policy infringes on prisoners’ constitutional rights, including equal protection under the Fifth Amendment and the Eighth Amendment’s ban on cruel and unusual punishment.
The executive order, issued last week by President Trump, directs government agencies to recognize individuals’ sex based on reproductive biology rather than gender identity. This move overturns a 2012 Justice Department regulation that required individualized risk assessments for transgender inmates, considering their gender identity when determining housing placements.
A spokesperson for the Department of Justice declined to comment on the case.
This legal challenge marks a significant moment in the ongoing debate over transgender rights and prison policies. Advocates argue the new regulations put transgender inmates at greater risk of harm and strip them of essential healthcare, while opponents claim the changes align with biological definitions of sex.
As the case unfolds, it could set a precedent for how transgender inmates are treated in the U.S. prison system. Stay tuned for updates as this story develops.