Trans Inmate Sues Trump Over 'Dangerous' Gender Policy Forcing Transfer to Men's Prison

A transgender woman inmate serving her sentence in a women's federal prison sued the Trump administration on Sunday, arguing that Republican U.S. President Donald Trump's recent executive order narrowly defining sex violates the Constitution's ban on cruel and unusual punishment, is "motivated by discriminatory animus" toward trans people, and forces "dangerous transfers to men's facilities."

A redacted copy of the lawsuit—which was filed by an inmate in an unspecified low-security federal prison identified as "Maria Moe"—claims Trump's January 20 executive order stating that it is henceforth federal policy "to recognize two sexes, male and female" violates her constitutional rights.

"Defendant Trump has been transparent about his hostility toward transgender people and openly stated his intentions to create legal obstacles to eliminate legal protections for transgender people and to deter them from obtaining medical care or being able to live in a sex other than their birth sex," the lawsuit states.

"On November 15, 2022, when he announced his candidacy for president, he explicitly promised to target transgender Americans through executive action," the complaint continues. "He pledged a 'day one' executive order to 'cease all programs that promote the concept of sex and gender transition at any age.'"

"If Maria Moe is transferred to a men's facility, she will not be safe," the lawsuit stresses. "Transferring Maria Moe to a men's prison will pose a substantial risk of serious harm, including an extremely high risk of violence and sexual assault from other incarcerated people and [Federal Bureau of Prisons] staff."

"In a men's prison, Maria Moe will also be at high risk of worsening gender dysphoria, which can lead to serious physical and mental health conditions including severe depression and suicidality," the complaint adds. "These risks are obvious, well-documented, and well-known to BOP officials."

Furthermore, the suit says that ending Moe's federally funded hormone therapy "would constitute deliberate indifference to her serious medical needs and would violate the 8th Amendment's prohibition on cruel and unusual punishment."

As LGBTQ Nation reported Monday, "Courts have already found that forcing trans women into men's prisons is cruel and unusual punishment."

According to the very small print on the BOP's "inmate gender" webpage, there are 1,529 transgender females in federal custody and 744 transgender males.

The new lawsuit preceded Monday reporting that Trump is expected to revive his first-term policy of banning new military enlistments by transgender people.