Prisons that deny hormone therapy to transgender inmates may be committing cruel and unusual punishment, according to a recent ruling by federal judges who ruled against the Trump administration.
On Tuesday, Senior Judge Lois Lambers of the U.S. District Court in Washington, D.C., authorized a temporary restraining order for a group of transgender inmates challenging the ban on hormone therapy.
“There’s no substantial reason given by either the BOP or the executive order for treating these therapies differently,” Lamberth noted in his opinion.
The Federal Bureau of Prisons is now mandated to provide treatment for approximately 2,000 inmates, who would otherwise suffer irreparable harm due to the ban.
On January 20, President Trump had enacted an executive order prohibiting federal funding for treatments aimed at changing inmates’ appearances to align with the opposite sex.
The inmates’ lawsuit argued that retracting “gender-affirming healthcare” regardless of individual medical needs contravenes the Eighth Amendment of the U.S. Constitution, which forbids cruel and unusual punishment.
“Neither the BOP nor the executive order provides a sufficient rationale for differentiating these treatments from other mental health interventions,” Lamberth pointed out.
Collen Kendrick, the deputy director of the National Prison Project for the ACLU, emphasized the ruling’s significance for those in the Bureau of Prisons and for all transgender individuals, stating that “the cruelty of this administration towards transgender people disregards constitutional rights.”
In other related developments, taxpayer-funded surgeries for transgender inmates gained attention during the 2024 election when it was revealed that Kamala Harris supported such procedures. Trump’s counterclaims against her were left largely unaddressed by her campaign.
As of now, neither the Justice Department nor the Bureau of Prisons has responded to inquiries regarding the case.
Lamberth was appointed to the court by former President Ronald Reagan.
