Justice Department Appeals to Supreme Court on Transgender Inmate Policy
The Justice Department (DOJ) recently asked the U.S. Supreme Court to uphold a Bureau of Prisons (BOP) policy that prohibits payment for hormone treatments and other social accommodations for transgender inmates. This request comes as the DOJ seeks to counter a ruling from a lower court, allowing the government to implement its updated guidelines related to gender dysphoria immediately.
U.S. Solicitor General D. John Sauer stated in the petition that the BOP’s focus on mental health treatment, as opposed to certain medically contentious interventions, is a reasonable decision within the bounds of administrative law.
The BOP originally introduced a new policy in February. This policy not only bans surgeries aimed at changing sexual characteristics but also stops hormone therapy for inmates who are not already undergoing such treatments. Moreover, it restricts social accommodations like the use of breast or buttock padding, chest binders, makeup, wigs, or undergarments that do not correspond with an inmate’s biological sex.
Earlier this year, a group of federal inmates took legal action against the Trump administration over an executive order that prohibited federal funding for medical treatments or procedures for transgender individuals in custody. In a notable ruling in June, U.S. District Judge Royce Lamberth, appointed by Ronald Reagan, required the BOP to provide accommodations and care for transgender inmates, emphasizing the lack of justification for treating their medical needs differently than others.
The lower court concluded that the BOP did not thoroughly evaluate its prior experience in following the care guidelines established by the World Professional Association for Transgender Health (WPATH). However, in its Supreme Court filing, the DOJ criticized these guidelines, labeling them as scientifically flawed and biased.
This month, the D.C. Circuit Court of Appeals declined to reinstate the policy while the DOJ’s appeal was underway. The DOJ maintains that federal prison administrators should receive considerable deference in establishing and implementing policies necessary for maintaining order and security within prisons. They emphasized that the court’s need for further evidence contradicts established principles of administrative law and the deference the BOP warrants in this scenario.
