Under the reality-denying concept of “transgender,” which was enshrined in federal regulation in 2012, more and more incarcerated men have been permitted to opt into women’s prisons based on self-identification. There have been some legal challenges to this, but, until now, these efforts have not yet been successful.
In the wake of President Trump’s Executive Order (EO) on Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, two women incarcerated at the sole women’s medical center in the federal Bureau of Prisons (BOP) system filed suit. This EO included a provision requiring federal agencies to “ensure that males are not detained in women’s prisons or housed in women’s detention centers.” Due to the DC district court issuing Preliminary Injunctions on behalf of male inmates demanding to continue to be housed in women’s prison, the EO has not been implemented.