A federal judge has ordered a temporary halt to the Bureau of Prisons’s attempt to comply with President Trump’s executive order stopping transgender treatments of prisoners and ordering prisoners back to the prison of their correct gender. This is the second ruling by a federal judge defending the right of male prisoners detained in female prisons to abuse female inmates because their rights are more important than the safety and dignity of women prisoners. The first was in Massachusetts (you just knew it was going to be Massachusetts or California, didn’t you?), but that ruling applies only to the inmate who brought the suit.
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Federal Judge Royce Lamberth, one of the most vicious judges in the January 6 persecution, ruled that the three trans felons had “straightforwardly demonstrated that irreparable harm will follow” if they were forced to cease their charade.
President Trump’s Executive Order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” directed:
Sec. 4. Privacy in Intimate Spaces. (a) The Attorney General and Secretary of Homeland Security shall ensure that males are not detained in women’s prisons or housed in women’s detention centers, including through amendment, as necessary, of Part 115.41 of title 28, Code of Federal Regulations and interpretation guidance regarding the Americans with Disabilities Act.
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(c) 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.
In an argument reminiscent of the guy who killed his parents and then asked for leniency because he was an orphan, the transgender prisoners say that their gender awakening and subsequent hormone therapy would make them targets in a men’s prison.
The new lawsuit says that the transfers would place the women at high risk of harassment, abuse and sexual assault. Transgender prisoners are at a higher risk of sexual victimization than other prisoners, according to federal data.
In a hearing on Tuesday, lawyers for the government argued that the plaintiffs had not exhausted their administrative remedies and that only the Bureau of Prisons had the authority to decide where prisoners were housed, according to the judge’s order.
But the judge granted the restraining order based on the plaintiffs’ Eighth Amendment claims, including a right to be kept safe while incarcerated and to be given adequate medical care.
“Treating transgender women with gender dysphoria as men is known to intensify dysphoria, undermine medical treatment and increase emotional distress, and it can precipitate self-harm,” lawyers for the plaintiffs wrote in the lawsuit.
The lawsuit says that President Trump’s executive order is sex-based discrimination motivated by an animus against transgender people. It points out that during Mr. Trump’s campaign, he “repeatedly characterized transgender Americans in dehumanizing terms, referring to them as ‘deranged,’ and victims of ‘madness’ and ‘insanity.’”
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In his ruling, Lamberth didn’t seem very concerned about the danger “trans-women” pose to real women in prison. Even a failed state like the UK, which is utterly in thrall to any deviant idea that comes down the pike, has discovered that men in a women’s prison are not a good idea.
This lawsuit is only possible because in the 2020 Supreme Court case Bostock vs. Clayton County, Justice Neil Gorsuch determined that sexual proclivity = sex. The argument that firing an employee because of their sexual choices is being bootstrapped into arguing that putting a man who thinks he’s a woman into a men’s prison is unconstitutional.
Ultimately, I think this decision has more to do with Lamberth’s spite over Trump pardoning the people whose lives he tried to ruin. If it is upheld, it will mark the erasure of all private spaces for women in society. In the meantime, if any woman prisoner is assaulted by a “transwoman,” Lamberth should be publicly shamed for this decision and, if I had my way, be indicted as a coconspirator.
