President Trump has issued an executive order banning transgender women from being housed in female prisons across the United States.
He also ordered that any medical treatments related to gender transition be halted.
The ban was part of a broader executive order by Trump aimed at limiting the federal government’s recognition of gender to an individual’s biological sex at birth.
The order also impacts transgender immigration detainees and is among the most concrete aspects of the broader initiative.
While Trump had imposed some restrictions on housing and medical care for transgender inmates during his previous term, this new order extends those limitations significantly.
New York Times reports that the Women’s Liberation Front, a group that advocates for single-sex prisons and defines women based on biological sex, praised the order as a “major victory.”
The group is currently challenging a California law allowing transgender prisoners to request housing that aligns with their gender identity, claiming it violates the rights of non-transgender female inmates, especially their Eighth Amendment protections against cruel and unusual punishment.
Trump’s order echoes these concerns, arguing that efforts to undermine the biological reality of sex are harmful to women’s dignity, safety, and well-being.
Transgender advocates and legal experts have criticized the order, warning it could endanger transgender inmates.
“There will be rapes and physical assaults because of this policy,” said Shannon Minter, legal director of the National Center for Lesbian Rights.
He added that the policy would also complicate matters for prison officials who currently have the discretion to prioritize the safety and security of their facilities.
Legal experts note that the order may face legal challenges, as courts have ruled that prison systems must protect vulnerable inmates and provide necessary medical care, including hormone therapies for those with gender dysphoria.
In 2022, a federal judge ordered the Bureau of Prisons to provide gender-transition surgery for a transgender inmate, citing a violation of the Eighth Amendment.
Trump’s executive order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” specifically impacts transgender women, but not transgender men.
While the total number of transgender prisoners is small (about 1,500 transgender women in federal prisons), they make up a significant portion of the incarcerated female population—around 15%.
There are about 750 transgender men in federal custody.
