A transgender woman in federal custody has filed a lawsuit challenging former President Donald Trump’s executive order that mandates the U.S. government recognize only two fixed biological sexes and requires transgender women to be housed in men’s prisons. The lawsuit, filed on Sunday in Boston federal court, alleges the order violates the U.S. Constitution and federal law.
The inmate, represented by lawyers from organizations such as GLBTQ Legal Advocates & Defenders, targeted the order Trump signed on Jan. 20, the day he resumed office, which aimed to curb what he termed “gender ideology extremism.” The lawsuit is believed to be the first nationwide challenge to the directive.
The executive order compels the federal government to recognize only two biological sexes—male and female—places transgender women in men’s prisons, and eliminates funding for gender-affirming medical care for incarcerated individuals. According to the lawsuit, this policy discriminates based on sex, violating the Fifth Amendment’s due process protections and the Eighth Amendment’s prohibition against cruel and unusual punishment. Additionally, the denial of gender-affirming medical care is argued to contravene the Rehabilitation Act of 1973.
Using the pseudonym Maria Moe, the plaintiff claims that the day after Trump signed the order, the federal Bureau of Prisons informed her of her impending transfer to a men’s prison. The lawsuit also states that the Bureau reclassified her publicly from “female” to “male” and planned to halt her access to hormone therapy, which she has used since adolescence to treat gender dysphoria. Gender dysphoria is clinically defined as significant distress caused by a mismatch between one’s gender identity and assigned sex at birth.
The lawsuit emphasizes that such a transfer would expose the plaintiff to heightened risks of harassment, violence, and sexual assault in a male facility. It seeks to block the transfer, maintain her current medical care, and obtain a judicial declaration that Trump’s order infringes on her constitutional rights.
Reuters reported on the lawsuit on Sunday before the case was sealed for undisclosed reasons. Attorneys for both the inmate and the U.S. Justice Department declined to comment. The Bureau of Prisons also did not issue a statement. The lawsuit does not disclose the crime for which Maria Moe was convicted.
Source: Swifteradio.com
