Federal Judge Temporarily Blocks Transfer of Transgender Woman to Men's Prison

 

Federal Judge Temporarily Blocks Transfer of Transgender Woman to Men's Prison

A federal judge has issued a temporary injunction preventing the transfer of a transgender woman to a men’s prison and blocking restrictions on her access to gender-affirming healthcare.

Background of the Case

The ruling, issued by U.S. District Judge George O’Toole, halts parts of an executive order signed by former President Donald Trump. The order mandates that only biological sex be recognized in federal prison housing decisions and prohibits the use of federal funds for gender-affirming care.

One day after Trump's order, the Bureau of Prisons (BOP) moved a transgender woman, identified as Maria Mo, into solitary confinement—a step preceding her transfer to a men’s facility. In response, Mo filed a lawsuit against the Trump administration, arguing that the policy endangers her safety and violates her constitutional rights.

Legal Battle and Court Ruling

On January 31, 2025, Judge O’Toole ruled that Mo’s transfer should be halted, stating that:

• Transgender prisoners face disproportionate violence in men's facilities.
• BOP officials have historically assessed housing on a case-by-case basis to ensure safety.
• Mo’s lawsuit raises serious concerns about violations of the Fifth Amendment (due process) and Eighth Amendment (cruel and unusual punishment).

Following the ruling, Mo was removed from solitary confinement and returned to the general population in a women's facility.

Impact on Transgender Inmates

The Prison Rape Elimination Act (PREA), enacted in 2003, requires biannual housing reviews for transgender inmates to determine the safest placement. Research indicates that:

• 35% of transgender prisoners have reported sexual assault in prison (DOJ study, 2013).
• Transgender inmates are 10 times more likely to experience sexual violence than the general prison population.

Transgender rights advocates argue that forcing individuals like Mo into men’s prisons places them at severe risk of abuse and psychological distress.

Next Steps in the Legal Fight

Mo’s legal team, including GLAD Law and the National Center for Lesbian Rights (NCLR), plans to challenge the executive order’s constitutionality in a broader legal battle. The case could set a precedent for transgender rights in federal prisons.

For now, Mo remains in a women’s facility, but the ruling is only temporary—further court hearings will determine her long-term fate.

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