A federal appeals court has, in a split decision, signaled a shift away from prior court orders that had temporarily halted the transfer of transgender women to male correctional facilities. The US Court of Appeals for the District of Columbia Circuit stated that the plaintiffs challenging these transfers are unlikely to succeed on their Eighth Amendment claims. This ruling effectively opens the door for the Bureau of Prisons (BOP) to proceed with moving these inmates under a policy initiated by President Trump.
The court's decision on Friday reverses previous injunctions that had blocked the transfers. The BOP had argued that its actions, which involve moving 18 plaintiffs from facilities designated for women to those for men, are in compliance with Executive Order 14168. This order, issued early in Trump's term, aims to segregate correctional facilities based on biological sex.
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Earlier rulings had sided with the transgender women, who expressed grave fears of sexual assault and violence if moved to men's prisons. These earlier injunctions, issued by U.S. District Judge Royce Lamberth and other federal judges, had temporarily protected nine and later more transgender women from transfer and ensured continuity of medical care. However, the appeals court found that the existing record did not support the likelihood of success on the inmates' constitutional claims, which center on the Eighth Amendment's protection against cruel and unusual punishment.
The judicial debate reflects a broader legal contest surrounding Trump's executive orders issued upon his return to office. These orders have faced numerous legal challenges, with this particular case revolving around the interpretation of prison policies concerning transgender inmates.
Background on the Challenge
The lawsuits challenging the transfers, brought forth by a coalition of transgender women identified pseudonymously, have been consolidated. These incarcerated individuals argue that the policy not only endangers them but also represents a targeted discrimination against transgender people. The American Civil Liberties Union (ACLU) and other advocacy groups have been instrumental in these legal battles, filing suits like Kingdom v. Trump to challenge both the transfer policy and the withholding of gender-affirming care.
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Prior to the appeals court's recent decision, several federal judges had issued preliminary injunctions, recognizing the potential harm these transfers could inflict. Reports from February and March 2025 indicated that, despite these rulings, some transgender women were still being moved to male facilities, with some having already undergone gender-affirming surgeries. This created a chaotic situation where court orders were apparently being disregarded or circumvented.
The appeals court's focus appears to have been on the legal merits of the Eighth Amendment claims, rather than the immediate practical impacts on the inmates. Concerns were raised during hearings by some judges about the prospect of inmates having to endure the alleged harm before their appeals could be fully adjudicated.
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The broader context includes a pattern of actions by the Trump administration targeting transgender individuals, including policies affecting access to gender-affirming care within federal prisons. The BOP oversees approximately 1,200 transgender inmates in its custody.
