Trump Orders Transgender Women to Be Housed in Men’s Prisons, Halts Gender Transition Treatments

President Trump has mandated that federal prisons house transgender women in men’s facilities and discontinue medical treatments related to gender transition. This directive was part of a broader executive order issued on his first day in office, aimed at restricting government recognition of an individual’s gender to their sex assigned at birth.

The order, which also applies to immigration detainees, represents a significant shift in policy. While Mr. Trump had previously imposed some restrictions on housing and healthcare for transgender prisoners during his first term, this new directive is more comprehensive.

The Women’s Liberation Front, an organization that defines women based on sex at birth and advocates for single-sex prisons, hailed the directive as a “major victory.” The group is currently challenging a California law that allows prisoners to request housing aligned with their gender identity, arguing that it violates the constitutional rights of non-transgender female inmates, including protection from cruel and unusual punishment under the Eighth Amendment.

Mr. Trump’s order echoed these sentiments, stating that efforts to disregard biological sex “fundamentally attack women by depriving them of their dignity, safety, and well-being.”

However, advocates for transgender individuals and inmates have strongly criticized the order, warning that it would endanger their lives. Shannon Minter, legal director of the National Center for Lesbian Rights, which has represented transgender prisoners, predicted that the policy would lead to increased rapes and physical assaults. Minter also noted that the order undermines the discretion of prison officials to make decisions that ensure the safety and security of their facilities.

Legal experts have pointed out that the order is likely to face court challenges. Federal courts have previously ruled that prison systems must protect vulnerable inmates and provide necessary medical care, including hormone therapies for those diagnosed with gender dysphoria—a condition characterized by distress due to a mismatch between one’s body and gender identity. In 2022, a federal district judge in Illinois ordered the Bureau of Prisons to provide gender-transition surgery for a transgender inmate, ruling that denying the procedure likely violated the Eighth Amendment.

Richard Saenz, a lawyer at Lambda Legal, an LGBTQ legal advocacy organization, emphasized that “constitutional protections do not stop if a person is in prison or in immigration detention facilities.”

The executive order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” specifically targets transgender women, not transgender men. The number of affected individuals is relatively small, with approximately 1,500 federal prisoners identifying as transgender women, according to the Bureau of Prisons. However, transgender women represent a disproportionate percentage of female inmates, accounting for 15% of women in federal prisons. In contrast, there are about 750 transgender men out of roughly 144,000 male prisoners.

Transgender individuals make up less than 1% of the U.S. adult population, according to the Williams Institute at UCLA Law School. The higher prevalence in federal prisons may be attributed to factors such as increased law enforcement scrutiny, family rejection, and economic hardship faced by transgender people. Federal data also shows that transgender prisoners are ten times more likely to report sexual victimization compared to other inmates.

The vulnerability of transgender prisoners was acknowledged by the Supreme Court in the 1994 case Farmer v. Brennan, which involved a transgender woman, Dee Farmer, who was raped while housed with men. The Court ruled that the government has a duty to protect prisoners from violence. Farmer now leads Fight4Justice, a nonprofit advocating for LGBTQ prisoners, including a transgender woman currently on suicide watch after being abused in a Washington, D.C., jail.

The Bureau of Prisons has informed transgender inmates of the impending changes, sparking panic among many. Under the Prison Rape Elimination Act, transgender status is considered a risk factor in housing decisions. The new order calls for these regulations to be revised “as necessary.”

During the Obama administration, the Bureau of Prisons issued guidelines allowing transgender prisoners to be housed according to their gender identity in most cases. The Trump administration revised this policy during his first term, requiring housing based on “biological sex” except in rare instances. The Biden administration later reinstated the Obama-era guidelines.

The issue of transgender rights has become a focal point in political debates. During the 2024 presidential race, Republicans criticized Democrats for being out of step with mainstream views on transgender issues. Some supporters of Mr. Trump had hoped for an executive order addressing transgender athletes in sports, but they viewed the prison directive as a positive step toward addressing broader transgender concerns.

Matt Sharp, senior counsel at the conservative legal advocacy group Alliance Defending Freedom, praised the order for protecting women’s privacy in prisons and shelters, ensuring they would not face harassment or loss of dignity from sharing spaces with men.

The order also mandates the cessation of all gender-transition medical care, prohibiting the use of federal funds for procedures, treatments, or drugs aimed at aligning an inmate’s appearance with their gender identity. The American Medical Association has stated that treatments for gender dysphoria, including psychological counseling, hormone therapy, and surgery, can be medically necessary. Halting such treatments can reverse physical changes, such as breast growth in trans women, and may lead to severe psychological distress.

Jasmine Tasaki, a transgender woman and executive director of Black and Pink, an organization advocating for incarcerated LGBTQ individuals, warned that depriving inmates of hormone therapy could cause depression and other mental health issues. She recounted her own experiences of being held in solitary confinement and denied basic hygiene, highlighting the harsh treatment transgender individuals often face in the criminal justice system.

In Florida, a recent policy has forced transgender women to cut their hair, surrender their bras, and meet stricter requirements for gender transition-related care, according to a lawsuit filed by the American Civil Liberties Union. These measures underscore the ongoing challenges faced by transgender individuals in prisons and the broader criminal justice system.