A Federal Appeals Court has upheld President Trump’s XO requiring biological sex determines which prison an inmate is assigned to. The argument hinged on the claim biological males faced “cruel and unusual punishment” by being forced to be imprisoned with men.
Federal court lifts block on housing inmates by biological sex– www.washingtonexaminer.com
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EXCERPT:
A federal appeals court on Friday allowed for the biologically accurate placement of transgender prisoners in accordance with President Donald Trump’s directive on housing inmates by biological sex, a ruling that incarcerated women hope will help their lawsuits aimed at moving biological males out of women’s prisons across the country.
Trump, upon taking office, issued an executive order directing the Federal Bureau of Prisons to undo a Biden-era transgender accommodation policy that placed biological males who identified as female in women-only facilities.
Seventeen transgender inmates, all biological males, then anonymously sued the Trump administration to prevent their transfer from women’s prisons. They won preliminary injunctions in district courts, which have blocked their transfers since February 2025.
Last week, a three-judge appellate panel vacated the injunctive relief, finding that the transgender litigants in Jane Doe v. Todd Blanche failed to prove that reassigning them to male-designated units would constitute “cruel and unusual punishment” in violation of their Eighth Amendment rights.