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A transgender woman serving in a federal prison has filed a lawsuit challenging President Donald Trump’s executive order that directs the U.S. government to recognize only two, unchangeable sexes and requires inmates like her to be housed in men’s prisons. The lawsuit, filed on Sunday in Boston federal court, argues that the order violates the U.S. Constitution and federal law.
The inmate, identified by the pseudonym Maria Moe, is represented by lawyers from rights groups, including GLBTQ Legal Advocates & Defenders. The lawsuit targets an executive order signed by Trump on his first day back in office on January 20, which aims to combat what he termed “gender ideology extremism.” This order directs the federal government to recognize only two biologically distinct sexes, male and female, house transgender women in men’s prisons, and cease funding any gender-affirming medical care for inmates.
According to the lawsuit, Trump’s executive order discriminates based on sex, violating the plaintiff’s due process rights under the U.S. Constitution’s Fifth Amendment by requiring prison officials to treat incarcerated people differently depending on their sex. The plaintiff’s impending transfer to a men’s prison would also violate the U.S. Constitution’s Eighth Amendment prohibition against cruel and unusual punishment. Additionally, depriving the plaintiff of medically necessary healthcare would violate the Rehabilitation Act of 1973.
Maria Moe stated that a day after the executive order was signed, officials with the federal Bureau of Prisons informed her that she was being transferred from a women’s prison to a men’s facility. The lawsuit also claims that the Bureau of Prisons changed her public identification from “female” to “male” and planned to cut off her access to hormones that she has taken since she was a teenager to treat her gender dysphoria. Gender dysphoria is the clinical diagnosis for significant distress resulting from an incongruence between a person’s gender identity and the sex assigned at birth.
The inmate’s lawyers argue that if she were transferred to a men’s facility, she would be at an “extremely high risk of harassment, abuse, violence, and sexual assault.” The lawsuit seeks to maintain Moe’s preexisting housing and medical treatment and asks a judge to declare that Trump’s executive order violates her constitutional rights.
The lawsuit appears to be the first nationally to challenge Trump’s executive order. It highlights the broader implications of the order on the rights and well-being of transgender individuals in federal custody. The case underscores the ongoing legal and social battles over gender identity and the treatment of transgender individuals within the criminal justice system.
The U.S. Justice Department, which oversees the federal Bureau of Prisons, has declined to comment on the lawsuit. The case has drawn attention to the potential legal challenges and human rights concerns arising from the executive order.
As the legal proceedings unfold, the outcome of this case could have significant ramifications for the rights of transgender inmates and the broader fight for gender equality and recognition in the United States.
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