The President of the United States, Donald Trump, signed an executive order upon returning to office mandating that federal prisons house transgender women in male facilities and prohibiting medical treatments for gender transition. This decision is part of a broader measure limiting gender recognition solely to the sex assigned at birth.
Impact on Prisons and Immigration
The new policy also affects individuals detained in immigration centers. According to the document titled “Defending Women from the Extremism of Gender Ideology and Restoring Biological Truth to the Federal Government,” the measure seeks to protect the safety and well-being of women by focusing on their biological sex.
However, transgender rights advocacy groups have raised concerns. Shannon Minter, an attorney at the National Center for Lesbian Rights, warned:
“This will increase cases of sexual abuse and physical assaults.”
Minter also noted that prison officials would lose the flexibility to make decisions based on the specific needs of each case.
Potential Legal Challenges
Legal experts believe this order could face challenges in court. In 2022, a federal judge in Illinois ruled that denying gender reassignment surgery violated the Eighth Amendment, which protects against cruel and unusual punishment.
Richard Saenz, an attorney with Lambda Legal, emphasized that incarcerated individuals still retain constitutional rights:
“Constitutional protections remain in effect, even for incarcerated individuals.”
Statistics on the Transgender Population in Prisons
According to the Bureau of Prisons, approximately 1,500 transgender women are housed in federal prisons, accounting for 15% of incarcerated women. In comparison, there are 750 transgender men in the same facilities.
The Williams Institute reports that while transgender people make up less than 1% of adults in the United States, they face higher levels of discrimination and economic hardships, making them more vulnerable to the criminal justice system.
Ban on Medical Treatments
The executive order also prohibits the use of federal funds for medical treatments such as hormone therapy or gender transition surgeries. The American Medical Association considers these treatments essential for managing gender dysphoria, a recognized medical condition.
Jasmine Tasaki, director of Black and Pink, explained the negative impact of this decision:
“Denying hormone treatments can lead to severe depression. For transgender women, losing acquired physical characteristics can be devastating.”
Tasaki also criticized the use of solitary confinement as a protective measure for transgender individuals, stating that it severely impacts their mental health.
Concerns Among Activists and Inmates
The vulnerability of transgender individuals in prison was acknowledged by the Supreme Court in 1994 in the case of Farmer v. Brennan, which determined that the government must protect inmates from violence.
Dee Farmer, the plaintiff in that case, commented:
“Yesterday, I received three panic calls from transgender women who fear what will happen to them.”
Next Legal Steps
The order also plans to modify the application of the Prison Rape Elimination Act, which considers transgender status a risk factor in housing assignments. Meanwhile, LGBTQ groups are already preparing lawsuits to challenge these measures.
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