Trans inmate sues Donald Trump over executive order forcing her to be housed in men’s prison
Donald Trump has signed a raft of anti-LGBTQ+ measures during his first days in office. (Chip Somodevilla/Pool/ AFP)
A trans woman held in a federal jail is suing president Donald Trump over an executive order that requires her to be housed in a male prison.
As part of a number of executive orders he signed almost immediately after being sworn-in for a second term, Trump instigated a policy recognising only two sexes, effectively preventing trans people accessing spaces consistent with their gender identity.
Trump also signed an order banning gender-affirming care for anyone under the age of 19, as well as others aimed at the trans community.
The lawsuit was filed in a Boston court on Sunday (26 January) by GLBTQ Legal Advocates & Defenders, on behalf of the inmate.
The legal complaint specifically challenged the executive order, saying the plaintiff, using the pseudonym Maria Moe, had been told she was being transferred from a women’s prison, where she has been since her arrest, to a men’s facility. She has been held in solitary confinement since then and told the reason was “because of the Executive Order.”
Lawyers representing Moe said that if she was transferred, she would be at an “extremely high risk of harassment, abuse, violence and sexual assault”. They are also concerned that Moe could be subjected to “strip searches by male correctional officers.”
The legal complaint went on to say: “She may be forced to shower in full view of men who are incarcerated and will predictably experience worsening gender dysphoria, which can lead to serious harm, including dramatically increased rates of suicidality and depression.”
Moe’s lawyers claimed that any transfer would violate the eighth amendment of the constitution, which prohibits cruel and unusual punishment, while the rescinding of her gender-affirming healthcare would, they said, violate the 1973 Rehabilitation Act.
“Executive Order 14166 began causing harm to Maria Moe almost immediately. As a result of the order, she has already suffered significant distress. The order also raises serious concerns for her safety and well-being going forward,” the legal complaint added.
Suicide is preventable. Readers who are affected by the issues raised in this story are encouraged to contact Samaritans on 116 123 (www.samaritans.org), or Mind on 0300 123 3393 (www.mind.org.uk). Readers in the US are encouraged to contact the National Suicide Prevention Line on 1-800-273-8255.
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