President Donald Trump has signed a new executive order that prevents transgender women from being housed in female prisons in the United States. This move also stops the medical treatments related to gender transition for transgender inmates, including hormone therapies and surgeries.
The order is part of a broader effort to limit how the federal government recognizes gender, focusing on biological sex at birth rather than gender identity. This policy not only impacts transgender women in prisons but also affects transgender detainees in immigration facilities.
During his first term, Trump had already put some restrictions in place on housing transgender inmates and providing them with gender-affirming medical care. However, this new executive order takes those measures further. The Women’s Liberation Front, a group that advocates for single-sex prisons, has praised the order as a significant victory. This group is currently fighting a California law that allows transgender prisoners to request housing according to their gender identity, arguing it infringes on the rights of non-transgender women in prisons.
Trump’s order echoes concerns about the safety of women, arguing that recognizing gender identity over biological sex could harm women’s dignity and security. However, transgender rights advocates and legal experts have strongly criticized the order, warning it could lead to increased violence and make life harder for transgender inmates. Some experts believe it will create more challenges for prison officials, who would have to balance the safety of all inmates.
Legal challenges to the order are likely, as past court rulings have emphasized the need for prisons to protect vulnerable inmates and provide necessary medical care, including hormone treatments. In fact, in 2022, a judge ordered the Bureau of Prisons to provide gender-transition surgery to a transgender inmate, stating that denying the procedure violated the Eighth Amendment’s prohibition on cruel and unusual punishment.
While the total number of transgender prisoners is small, around 1,500 transgender women and 750 transgender men are incarcerated in federal prisons. However, transgender women make up a significant portion of the female prison population, about 15%. This new order may affect them the most, limiting their options for safety and medical care in the prison system.
