A federal judge in Boston has temporarily prevented the transfer of a transgender woman to a men’s prison, a move that comes in response to a recent executive order by President Donald Trump.
Last week, Judge George O’Toole issued a temporary restraining order in response to a lawsuit filed by a transgender woman challenging President Trump’s January 20 executive order. The order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” mandates that federal officials acknowledge only two immutable sexes, excludes transgender women from women’s prisons, and prohibits federal funding for gender-affirming medical care for inmates.
“The Attorney General shall ensure that the Bureau of Prisons revises its policies concerning medical care to be consistent with this order, and shall ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex,” the order said. Adding, “Agencies shall effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.
Using the pseudonym “Maria Moe,” the Massachusetts inmate initiated the lawsuit on January 26 after being segregated from the general population and informed of her impending transfer to a male facility, as stipulated by the new presidential order.
Judge O’Toole’s temporary order ensures that Moe will stay put while the court deliberates on her plea for a more permanent injunction to halt the enforcement of Trump’s order. Her attorneys from the Boston-based GLBTQ Legal Advocates & Defenders, also known as GLAD Law, have confirmed that she has returned to the general population and is continuing to receive her medical treatment.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, said Judge O’Toole’s ruling was a “huge relief” for Moe and criticized the executive order as a “sustained attack on transgender people’s inclusion in civic life.”
“Trump’s gender ideology executive order is contrary to the health and safety of incarcerated people, undermines prison security for all and protects no one,” Levi said in a statement obtained by The Boston Globe. “It’s part of a seemingly sustained attack on transgender people’s inclusion in civic life. The Courts remain an important backstop. This is a great first step in the case.”
The lawsuit details that Moe disclosed her transgender identity to her mother during middle school and initiated hormone therapy at age 15 following a diagnosis of gender dysphoria. Up until January 23, she was recognized as female by prison officials, the filing states.
According to the complaint, Moe has a non-violent disciplinary record and presents no danger to other female inmates. However, her attorneys emphasize that transferring her to a male facility would greatly increase her vulnerability to harassment, abuse, violence, and sexual assault.
Moreover, her legal team pointed out that in a male prison, Moe could be subjected to strip searches by male officers and forced communal showers, exposing her to further risks. Her lawyers also noted that Moe is “at immediate risk” of losing access to medical treatment for her gender dysphoria, according to the Boston Globe.
Moe’s lawsuit claims that Trump’s executive order “directly targets transgender Americans by attempting to deny them legal recognition under federal law and to strip them of long-established legal protections.” The complaint also lists acting U.S. Attorney General James McHenry III and acting Director of the Federal Bureau of Prisons William Lothrop as defendants.
In an accompanying filing, Moe’s mother expressed deep concern for her daughter’s safety: “As a mother, I am terrified for my daughter’s safety and well-being if she is placed in a men’s prison,” she wrote. “I know how vulnerable she would be in that environment, surrounded by people who would see her as an easy target for violence.”
According to The Boston Globe, three additional incarcerated transgender women have filed a similar federal lawsuit against the Trump administration.
