Dee Farmer’s experiences highlight the dangers of housing transgender women in male prisons, where they often face violence and neglect. During her incarceration in the 1990s, Farmer filed a federal lawsuit against prison officials, claiming they failed to protect her from assaults. The U.S. Supreme Court ruled in her favor in 1994, establishing the government’s obligation to safeguard vulnerable prisoners, particularly transgender individuals.
This landmark case marked the first time a transgender emergency had been addressed by the Supreme Court, setting a precedent referenced by numerous lawsuits in recent years. These lawsuits echo similar claims of abuse experienced by trans inmates across state and federal facilities.
Recently, an executive order from President Trump has significantly altered federal policies protecting transgender inmates, including Farmer. The new order prohibits the federal Bureau of Prisons from housing transgender women in accordance with their gender identity, mandating their placement in men’s prisons and denying them access to gender-affirming medical treatment. This includes halting hormone therapy and gender-affirming surgeries, deemed medically essential for treating gender dysphoria—an issue linked to severe mental health problems if not addressed.
Farmer expressed concern upon reading the order, asserting that it undermines the Supreme Court’s findings in her case. As the director of the prison advocacy group Fight4Justice, she warns that this directive jeopardizes the safety of many transgender individuals behind bars. Critics of the order, such as the Alliance Defending Freedom, argue it is a necessary change to protect cisgender women housed in female facilities.
Questions remain about the legality of Trump’s order. A sealed complaint from a transgender inmate claims the decree is unconstitutional, and civil rights advocates warn that it directly contradicts established laws against sex discrimination and cruel and unusual punishment.
Gender Justice director D. Dangaran reported that many transgender individuals in federal facilities have already been segregated from the general population as preparations are made to transfer them to prisons that do not correspond with their gender identities, risking their health and safety. The Bureau of Prisons currently houses 1,529 transgender females and 744 transgender males.
Iván Espinoza-Madrigal, executive director of Lawyers for Civil Rights, indicated that trans immigrants will also face challenges due to this order, which strips away vital protections while placing them at heightened risk during detainment.
A study from 2015 reported alarmingly high rates of sexual assault among transgender inmates, with one in five having been assaulted in the prior year. Critics of the recent executive order emphasize the urgent need for protective measures for transgender individuals in the correctional system. Legal experts predict that the executive order faces significant hurdles as litigation unfolds, rooted in the necessity for prisons to provide safe environments and necessary medical care for all inmates. Advocates remain hopeful that legal challenges will render the order ineffective, asserting that justice will ultimately prevail for the transgender community.
