U.S. District Judge Royce Lamberth has blocked a group of trans women inmates from being moved to a men’s prison, ruling that the transfer would be cruel and unusual punishment which is prohibited under the Eighth Amendment. Lamberth issued a preliminary injunction which is a court order that stops both parties from doing the action being decided on until after there is a final ruling. This injunction also means that the inmates will be able to continue receiving gender-affirming care which would also have been taken away alongside the transfer. The movement of trans prisoners has started in various prisons across the U.S. after the executive order Trump signed that only recognizes two biological sexes and tries to erase the existence of trans people in the eyes of the federal government. The order also seeks to discontinue gender-affirming care for inmates because it would be “conforming an inmate’s appearance to that of the opposite sex.” Three trans women inmates brought the lawsuit before Lamberth over their intended transfer to a male prison. They argued they would suffer not only extreme gender dysphoria at having to dress and be treated like men, but also that they were “likely to suffer irreparable harm” from being forced into a male prison. Judge Lamberth and the Bureau of Prisons agreed with the women and that other trans inmates would face the same fates under Trump’s order. Lamberth wrote there were “government reports and regulations recognizing that transgender persons are at a significantly elevated risk of physical and sexual violence relative to other inmates when housed in a facility corresponding to their biological sex.” My heart goes out to all those trans inmates who have already been transferred to other prisons. Hopefully this lawsuit and future ruling set a precedent that will protect our incarcerated trans siblings. This disregard for trans people’s safety in the name of “defending women” is abhorrent and disgusting.
