On his first day back in office, President Donald Trump signed an executive order mandating that transgender women be housed in men’s prisons and ending medical treatments related to gender transition for incarcerated individuals.
The directive, which also applies to immigration detainees, marks a significant rollback of protections for transgender people in federal custody.
This move is part of a broader order limiting government recognition of gender to biological sex at birth. While Mr. Trump introduced restrictions on transgender prisoners during his previous term, the new policy is more sweeping.
The Women’s Liberation Front, an advocacy group supporting single-sex prisons, hailed the decision as “a major victory.” The group has opposed California’s law allowing prisoners to request housing based on their gender identity, claiming it infringes on the constitutional rights of non-transgender female inmates, including protections under the Eighth Amendment against cruel and unusual punishment.
The executive order mirrors these arguments, stating, “Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being.”
However, LGBTQ+ advocacy groups strongly criticized the policy, warning it could lead to violence against transgender inmates. “This policy will result in rapes and physical assaults,” said Shannon Minter, legal director of the National Center for Lesbian Rights. “It also creates significant challenges for prison officials who lose the ability to make safety-based decisions.”
Legal experts predict the order will face court challenges. Federal courts have ruled that prison systems must protect vulnerable inmates and provide medical care, including hormone therapy, for those diagnosed with gender dysphoria. The policy is likely to reignite debates over the rights of transgender individuals in the U.S. correctional system.
