A lawsuit has been filed by a transgender woman who is currently serving in a federal prison. She argues that President Donald Trump’s executive order, which mandates the recognition of only two unchangeable sexes and requires inmates like her to be housed in men’s prisons, is a violation of the U.S. Constitution and federal law.
The inmate, represented by lawyers from organizations like GLBTQ Legal Advocates & Defenders, has filed a lawsuit in Boston federal court. The lawsuit is directed at an order signed by Trump on his first day back in office on Jan. 20. The order specifically targets what he referred to as “gender ideology extremism.”
The lawsuit seems to be the first national challenge against the order. This order directs the federal government to only acknowledge two biologically distinct sexes, namely male and female. Additionally, it requires the housing of transgender women in men’s prisons and the discontinuation of funding for gender-affirming medical care for inmates.
The lawsuit argues that Trump’s executive order violated the Fifth Amendment of the U.S. Constitution by discriminating against individuals based on their sex. It claims that the order required prison officials to treat incarcerated individuals differently depending on their gender, thereby violating the plaintiffs’ due process rights.
The lawsuit argues that transferring the plaintiff to a men’s prison would violate both the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment, and the Rehabilitation Act of 1973, a federal law that ensures access to medically necessary healthcare.
Reuters accessed the lawsuit on Sunday, but for unclear reasons, it was later sealed.
The inmate’s attorney chose not to provide any comments.
The federal Bureau of Prisons, overseen by the U.S. Justice Department, has chosen not to provide any comments on the matter.
The plaintiff, who goes by the pseudonym Maria Moe, revealed that she was informed by officials from the federal Bureau of Prisons that she would be transferred from a women’s prison to a men’s facility just a day after the order was signed by the Republican president.
The lawsuit also claimed that the Bureau of Prisons changed how they publicly identified her, from “female” to “male,” and were ready to halt her access to hormones. These hormones have been crucial in treating her gender dysphoria, a condition that causes significant distress due to the mismatch between a person’s gender identity and the sex they were assigned at birth.
The lawyers representing the inmate contended that transferring her to a men’s facility would expose her to an alarming level of harassment, abuse, violence, and sexual assault.
Moe has filed a lawsuit to protect her current housing and medical treatment. She is also seeking a court declaration that Trump’s executive order is a violation of her constitutional rights.