Federal judge has slammed the brakes on Donald Trump’s latest executive order, which sought to move transgender women in prisons to male-only facilities. The controversial move, signed by Trump on his first day back in the White House, has sparked outrage and multiple lawsuits from affected inmates.
The executive order, which declared that the U.S. would only recognize two sexes—male and female—was positioned by Trump as a way to ‘defend women’s rights’ and ‘protect freedom of conscience.’ However, critics argue it directly endangers transgender inmates, stripping them of protections and necessary medical care.
After reviewing the case, U.S. District Judge Royce Lamberth issued an emergency ruling on February 18 to prevent immediate transfers. On February 24, he doubled down, extending the block with a preliminary injunction. The judge made it clear that the inmates were likely to win on constitutional grounds, citing ‘numerous government reports and regulations’ that acknowledge transgender individuals face significantly higher risks of violence when housed according to their birth-assigned sex.
Lamberth further noted that beyond the physical dangers, being placed in male prisons would exacerbate gender dysphoria, causing ‘uncomfortable dissonance’ for transgender women. Government lawyers pushed back, arguing that no official policy changes had been implemented yet, but the judge remained firm in his ruling.
According to recent data from the Bureau of Prisons, as of February 20, there are 2,198 transgender inmates in federal prisons and halfway houses. Of these, 1,488 were assigned male at birth but now identify as female, and 710 were assigned female at birth but now identify as male.
The legal battle is far from over, but for now, transgender women in federal prisons won’t be forced into male facilities—at least until the courts have the final say.