A transgender woman currently incarcerated in a federal prison has initiated legal action, contending that an executive order issued by President Donald Trump, which mandates the U.S. government to acknowledge only two immutable sexes and stipulates that inmates in her situation must be placed in men’s facilities, infringes upon the U.S. Constitution and federal statutes.
A lawsuit was filed on Sunday in Boston federal court by an inmate, represented by attorneys from rights organisations such as GLBTQ Legal Advocates & Defenders. The suit challenges an order signed by Trump on his first day back in office on January 20, which he described as targeting “gender ideology extremism.”
A lawsuit has emerged as the first in the nation to contest an order mandating that the federal government recognise only two biologically distinct sexes—male and female. The order also stipulates that transgender women be housed in men’s prisons and that funding for any gender-affirming medical care for inmates be halted.
A lawsuit claims that Trump’s executive order violated the plaintiff’s due process rights under the Fifth Amendment of the U.S. Constitution by mandating that prison officials differentiate the treatment of incarcerated individuals based on sex.
The lawsuit asserts that the plaintiff’s upcoming transfer to a men’s prison would contravene the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. Additionally, it claims that denying the plaintiff access to medically necessary healthcare would breach the Rehabilitation Act of 1973, a federal law.
Reuters accessed the lawsuit on Sunday, which has since been sealed for unclear reasons.
The inmate’s attorney chose not to provide a statement.
The U.S. Justice Department, responsible for overseeing the federal Bureau of Prisons, opted not to comment.
The individual known as Maria Moe has reported that shortly after the Republican president enacted the order, she received notification from officials at the federal Bureau of Prisons regarding her transfer from a women’s prison to a men’s facility.
A recent lawsuit has revealed that the Bureau of Prisons altered its public identification of the inmate from “female” to “male.” Additionally, the lawsuit claims that the bureau is preparing to terminate the inmate’s access to hormones, which she has been using since her teenage years to address her gender dysphoria. Gender dysphoria refers to the clinical diagnosis of substantial distress stemming from a mismatch between an individual’s gender identity and the sex designated at birth.
The attorneys representing the inmate contended that transferring her to a men’s facility would expose her to an “extremely high risk of harassment, abuse, violence, and sexual assault.”
A lawsuit has been filed to preserve Moe’s existing housing and medical care while requesting a judicial declaration that Trump’s executive order infringes upon her constitutional rights.
The lawsuit failed to detail the specific crime that led to the plaintiff’s conviction.
