Today : Jan 31, 2025
Politics
31 January 2025

Vulnerable Transgender Prisoners Challenge Trump's Restrictions

Trans inmate Maria Moe files lawsuit over the loss of medical care and safety fears under new rules.

A transgender inmate receiving taxpayer-funded medical treatments has initiated the first lawsuit against the Trump administration and the Federal Bureau of Prisons (BOP) concerning President Donald Trump's executive order halting medical transgender treatments for federal prisoners. The order, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," disallows federal funds from being used for any medical procedures intended to conform an inmate’s appearance to the opposite sex and asserts there are only "two sexes." This executive action marks a significant rollback of previous measures aimed at supporting the health of transgender individuals within federal correctional facilities.

The unnamed inmate, referred to as Maria Moe, has been on medical hormones since they were a teenager and had never been incarcerated in a men's facility until after the order was signed. Following the implementation of the order, Moe was transferred to a male prison, with records changed from "female" to "male," as detailed in the lawsuit filed on January 27, 2025, at the U.S. District Court for the District of Massachusetts. The legal complaint argues this executive order endangers the safety and proper healthcare of incarcerated transgender women, who face risks of harassment, abuse, violence, and sexual assault upon being placed in men's facilities.

The lawsuit claims, "If Maria Moe is transferred to a men’s facility, she will not be safe. She will be at an extremely high risk of harassment, abuse, violence, and sexual assault." The complaint adds, "She may be forced to shower in full view of men who are incarcerated. And she will predictably experience worsening gender dysphoria." Moe’s legal representatives argue the Trump administration’s actions violate both the Fifth and Eighth Amendments, highlighting the immediate risks of losing access to medical care necessary for treating gender dysphoria.

Before Trump’s crackdown, the BOP was financing transgender surgical procedures for inmates, beginning with Donna Langan, known as the first federal prisoner to undergo transition surgery on taxpayer dollars. Langan was convicted for armed robberies as part of the Aryan Republican Army. The situation surrounding the treatment of transgender inmates began to shift after the 2021 landmark legal settlement which granted gender transition surgery to Cristina Nichole Iglesias, reinforcing previous legal advances.

Other lawsuits have emerged over the past year targeting the refusal of gender transition treatments for individuals behind bars. For example, Autumn Cordellioné, serving 55 years for murder, has filed against the Indiana state for denying transgender surgery. Another case involves the Biden administration’s Department of Justice suing Utah’s Department of Corrections for creating barriers to treatment for inmates with gender dysphoria. Reiyn Keohane, incarcerated in Florida, challenges the state's Department of Corrections for ceasing hormone therapy without due notice.

Reports indicate the swift response from correctional facilities after the order's signing. Transgender women have faced isolation and threats of transfer to men’s prisons, as civil rights advocates warn of dire consequences for health and safety. The order asserts, "sexes are not changeable" and directs federal funds to cease supporting gender-affirming medical treatments. These developments have sparked fears among trans inmates about their future safety and well-being.

At Federal Medical Center (FMC) Carswell, Texas, staff reportedly began acting shortly after the order was issued, instructing trans women out of their cells without allowing time for personal belongings. Anecdotal evidence from inmates reveals degrading treatment, such as being told, "We don’t have to call you women anymore," and threats of solitary confinement if they were perceived as disruptive after being removed from hormone treatments.

Shannon Minter, legal director of the National Center for Lesbian Rights, noted more than twelve affected trans women across multiple states who face similar uncertainties. He remarked, "People are terrified they’re going to be deliberately put in housing where their chances of being sexually assaulted are extremely high." Data underscoring this fear shows trans individuals are nine times more likely to face harassment and assault when held in facilities incompatible with their gender identification.

The Prison Rape Elimination Act (PREA) mandates assessments of inmates' risks for sexual assault, which should include LGBTQ+ status. The push to undo protections inherent within PREA in the wake of this order raises alarms among advocates, as they see it as increasing the likelihood of victimization. "This is cruel and unusual punishment," Minter emphasized, recognizing cuts to healthcare as catastrophic for those who are dependent on consistent medical treatment. Unquestionably, the orders have revived fears of violence and discrimination among trans people within the prison system.

The realities of hormone treatment requirements reveal the core health needs of trans inmates. Advocates argue denying access to gender-affirming care not only impacts physical health but poses serious psychological risks, sometimes even driving individuals to contemplate self-harm due to loss of identity support. One trans man at FMC Carswell described the severe emotional toll he suffered during interruption of hormone access, reflecting widespread anxiety among peers about future healthcare disruptions.

These accounts echo sentiments from Jasmine Tasaki of Black and Pink, emphasizing concerns of emotional anguish and manipulation within the current prison system. "Verbal and physical abuse is now going to be encouraged," she stated, highlighting the fear of former inmates having to revert to incorrect gender representations to access basic human rights.

With the lawsuit aiming at reinstatement of prior protections, it stands as both a legal and humanitarian stand against sweeping regulatory changes reshaping the lives of transgender individuals within correctional institutions. This challenge encapsulates broader societal tensions around LGBTQ+ rights and the need for continued advocacy to protect the vulnerable communities affected by systemic actions.