The detainee continues the Trump administration on the transgender decree

A federal detainee continued the Trump administration on Sunday, contesting an executive decree which forces the prison office to host transgender women in the American prisons designated for men and to stop providing prisoners with gender transitional treatment.

Referred by the pseudonym Maria Moe in court documents, the prisoner is described as a transgender woman who began to transmit to college, began to take female hormones at the age of 15 and was hosted in an establishment designated for Women since she was placed in police custody. It is represented by two non -profit legal defense groups, the National Center for Lesbian Rights and Defenders of GLBTQ, and by a private law firm, Lowenstein Sandler.

The trial, filed with the Federal Court of Massachusetts, requests a temporary ban order to block new regulations for all transgender detainees.

This occurs a week after President Donald Trump ordered all government agencies to ensure that institutions funded by the federal government recognize people like girls, boys, men or women only according to their biology reproductive, rather than their gender identity.

The trial disputes the regulations for procedural and constitutional reasons. The file alleges that the administration has not respected the federal laws governing the way in which these regulations must be adopted. And he argues that the order violates the rights of detainees of equal protection under the regular procedural clause of the fifth amendment, as well as the prohibition of the eighth amendment of a cruel and unusual sanction.

A spokesman for the Ministry of Justice refused to comment on the trial.

Under the regulations that the Ministry of Justice implemented in 2012, when the penitentiary system determines where an inmate must be hosted, the detainee must receive an individual risk assessment of sexual victimization which includes transgender status. The new decree calls for the modification of these “if necessary” regulations.

Supporters of the 2012 Regulation underline a historic decision of the 1994 Supreme Court which recognized the vulnerability of transgender women in male prisons and federal data showing that transgender prisoners are 10 times more likely than others to report be sexually victims. Critics argued that the authorization of transgender women, whose birth certificates said they were men, to be accommodated in women’s prisons threatening the privacy and security of other detainees.

Previous administrations have adopted different approaches to these regulations. As part of the Obama and Biden administrations, the prison office gave more weight to the identity of a prisoner when he decides where to host them, compared to the previous Trump administration, which required primordial consideration To be granted to the sexual relations of a prisoner at birth.

The new trial maintains, however, that the general restriction of Trump’s new decree is sufficient to the departure of the current policy which to implement it, the Ministry of Justice would be required by law to follow a process which consists in announcing A change offered and to incorporate the public response before going ahead.

The trial indicates that on January 21, Moe, who had no violent disciplinary history, was transferred to a “special housing unit” and was informed that it was going to be transferred to a prison for men due to the decree . On January 23, Moe’s sexual classification was still listed on prisons’ files accessible to the public as a “woman”, said her complaint, but on Saturday, the classification was changed as “man”.