A federal inmate is suing the Trump administration over an executive order affecting transgender prisoners. The lawsuit challenges the president’s directive, which mandates the government recognize only two unchangeable sexes, requiring transgender women — who were born male — to be housed in men’s prisons.
End of transition-related treatments and new housing requirements
The executive order also ends transition-related medical treatments for inmates. The suit was filed in a Massachusetts federal court by a transgender woman using the pseudonym “Maria Moe.” Moe, who began transitioning in middle school and has been housed in a women’s prison since her incarceration, is seeking to block the new regulations for all transgender prisoners.
Legal challenge to housing and medical treatment policies
Moe was recently moved to a “special housing unit” and, according to the lawsuit, is set to be transferred to a men’s prison. Moe’s legal team argues that this transfer and the potential denial of medical treatment violate constitutional rights, including equal protection under the Fifth Amendment and protection against cruel and unusual punishment under the Eighth Amendment.
Trump’s campaign promise and policy changes
The executive order fulfills a promise President Donald Trump made during his campaign to end taxpayer-funded transition surgeries for inmates. The highly politicized issue gained attention during the 2024 election cycle, including a campaign ad that stated: “Kamala supports taxpayer-funded sex changes for prisoners. It’s hard to believe, but it’s true. Kamala is for they/them. Trump is for you.”
Changes to prison housing regulations
The executive order also calls for changes to regulations governing where transgender prisoners are housed. Under previous guidelines, transgender inmates were individually assessed for housing placement, including their risk of sexual victimization. However, the new order directs the Justice Department to amend these rules based on prisoners’ reproductive biology.