Judge orders trans inmates be housed by gender identity despite Trump policy

A federal judge has ruled that Oregon must jail transgender women based on their gender identity, not their assigned sex at birth.

This direct backlash against policies introduced under President Donald Trump’s administration comes as part of a class-action lawsuit filed by two transgender women currently incarcerated in Oregon.

U.S. Magistrate Judge Mark D. Clark has issued a preliminary injunction requiring the state to stop housing transgender women in male facilities by default and instead conduct individual safety assessments for each transgender woman in custody, the report said. oregonian.

Clark emphasized that housing decisions must begin with the assumption that trans women should be placed according to their gender identity, unless a specific case review determines otherwise.

“The court record is undisputed that this default presumption and placement in overwhelmingly male prisons puts transgender women prisoners at high risk of violence and sexual assault.

“The undisputed facts further demonstrate that ODOC systematically failed to adequately address this disclosure,” Clark said in his ruling.

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