Former U.S. President Donald Trump has reignited controversy by signing an executive order that mandates federal prisons to transfer transgender women to men’s facilities and discontinue medical treatments related to gender transition. The directive, issued on Trump’s first day in office, restricts government recognition of an individual’s gender to their sex at birth.
The policy also applies to immigration detainees and represents one of the most concrete aspects of Trump’s broader effort to reverse gender-identity protections established during previous administrations.
The Women’s Liberation Front, a group that advocates for single-sex prisons and defines women based on their biological sex at birth, hailed the directive as a “major victory.” The group has also challenged California laws that allow inmates to request housing based on their gender identity.
According to the group, laws permitting such requests violate the constitutional rights of female inmates who are not transgender. “Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being,” Trump’s order stated, echoing the group’s arguments.
The policy has drawn sharp criticism from advocates for transgender people, who warn that the move could endanger vulnerable inmates. Shannon Minter, legal director of the National Center for Lesbian Rights, expressed grave concerns over the potential for violence against transgender inmates.
“There will be rapes and physical assaults because of this policy,” Minter said. He argued that the order undermines the authority of prison officials to use discretion in ensuring safety and security.
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Legal experts suggest the policy could face significant challenges in federal courts. Courts have previously ruled that prison systems must protect vulnerable prisoners and provide necessary medical care, including hormone therapy, to those diagnosed with gender dysphoria—a condition where an individual’s body and gender identity do not align.
In 2022, a federal judge in Illinois ordered the Bureau of Prisons to provide gender-transition surgery to a transgender inmate, ruling that denying such care likely violated the Eighth Amendment, which guarantees protection from cruel and unusual punishment and access to essential medical care.
Federal data highlights the dangers faced by transgender prisoners, who are 10 times more likely to report sexual victimization than other inmates. Advocates argue that transferring transgender women to men’s facilities will only heighten their vulnerability and create unsafe conditions for all inmates.
“This order does not reflect an understanding of the realities faced by transgender individuals in prison,” Minter said. “It puts lives at risk and disregards legal precedent.”