
Trump's executive order bans the transfer of transgender men to women's prisons

Another presidential decree to confirm his pre-election commitments has been signed in the last few hours by the new US president, Donald Trump, and according to him, any transfer of transgender prisoners to women's prisons is now prohibited.
In particular, as reported by the New York Times, Trump had placed some restrictions on housing and health care for transgender prisoners in his previous term, but the new order is broader.
This decision comes after his announcement, which he implemented from day one, in which American federal institutions will henceforth recognize only two genders (male and female).
The order calls for an end to all medical treatment for prisoners for gender transition, saying that no federal funds should be spent “on any medical method, treatment or medication intended to conform an inmate’s appearance to that of the opposite sex.”
Trump's executive order, titled "Protecting Women from Gender Ideological Extremism and Restoring Biological Truth to the Federal Government," appears to seek the reinstatement of only transgender women, not transgender men.
Advocates for transgender people and prisoners criticized the order, saying it would put them at risk. “There will be rapes and physical assaults because of this policy,” said Shannon Minder, legal director of the National Lesbian Rights Center, which has represented transgender prisoners.
Trump's executive order, however, according to administration officials, is based on the premise that "efforts to eliminate the biological reality of gender effectively attack women, depriving them of their dignity, safety, and well-being."
However, as has already happened with the presidential decree on the right to citizenship by birth on American soil, this decree may also face legal challenges.
According to the New York Times, federal courts have said in past cases that prison systems are necessary to protect vulnerable prisoners.
Some have also decided that they are required to provide medical treatment, such as hormone therapy, to prisoners diagnosed with gender dysphoria, a condition related to a discrepancy between biological sex and gender identity.
The Supreme Court recognized the vulnerability of transgender prisoners decades ago in Farmer v. Brennan 1994. The plaintiff in that case was a transgender woman, Dee Farmer, who claimed she was raped while housed with men. The court ruled that the government has a duty to protect prisoners from violence.
Under the Prison Rape Elimination Act, transgender status is one of several risk factors considered when determining housing. The new executive order calls for those regulations to be amended “as needed.”
However, the situation so far has caused many reactions with critics saying that there are cases of male prisoners requesting to be transferred to women's detention centers simply by stating that they no longer feel like men and without yet continuing the gender transition process.
Last year, in fact, Judge Sarah Netburn's hearing, taking questions from Republican Senator Ted Cruz of Texas, as part of the Senate impeachment hearing process, went viral.
Sarah Netburn was one of Joe Biden's personal choices to serve on the U.S. District Court for the Southern District of New York.
The case she was asked about involved William McClain, who changed his name to July Justine Shelby stating that he did not want to be transferred to a men's prison.
In addition to rape, the convict was also found guilty of trafficking child pornography to other abusers.
There are about 1,500 federal prisoners who are transgender women, according to the Department of Corrections.
But they represent a disproportionately large portion of federal prisoners overall, especially among female prisoners: 15% of inmates in women's prisons are transgender.
On the other hand, there are 750 transgender men out of a total of about 144 thousand male prisoners.
Transgender people make up less than 1 percent of adults in the United States, according to the Williams Institute, a research center at the University of California, Los Angeles School of Law, which studies the LGBTQ population in federal prisons.
Federal data shows that transgender prisoners are 10 times more likely to report being sexually abused than other prisoners.
At the end of the Obama administration, the Bureau of Prisons issued new guidelines under which transgender prisoners are housed in most cases according to their gender identity.
During President Trump's first term, it was revised to require asylum based on "biological sex," except in rare cases. But the first Trump administration did not make the issue a central policy priority.
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