A bill introduced in the Mississippi Legislature could allow inmates to sue jails and prisons if they encounter transgender or other inmates of the opposite sex in restrooms or locker rooms.
State lawmakers introduced the proposal Thursday in a House committee. It would require inmate bathrooms, locker rooms and sleeping areas in correctional facilities to be designated for use by only one gender. If a prisoner encounters a member of the opposite sex in any of these areas, he or she could sue the prison under this proposal.
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The state’s correctional facilities are already segregated by gender, and the bill’s sponsor, Republican Rep. Gene Newman, cited the example of a Mississippi facility that forced inmates to share space with the opposite sex. I couldn’t. Instead, Newman said he introduced the bill in response to people in other parts of the country receiving accommodations that match their gender identity.
“It gives the inmate a course of action,” Newman said. “When you look at what’s going on around the country, women’s sports exist. There are men pretending to be women just to win. That’s going to happen in prison. Men with women. You shouldn’t be there. Period.”
The law defines “sex” as “biological sex, male or female, as observed or clinically confirmed at birth.” The document does not contain language regarding intersex people, that is, people born with physical characteristics that do not fit the general definition of the male or female categories.
Newman said parts of the bill were written by the Freedom Alliance, which calls itself a Christian law firm.
Mississippi State Rep. Gene Newman (R-Pearl) speaks at the Mississippi State Capitol in Jackson, Feb. 15, 2024.Mississippi lawmakers on Thursday, Feb. 22, proposed Newman from a House committee. , introduced a bill that would require the detention of inmates. Restrooms, locker rooms, and sleeping areas within correctional facilities will be designated for use by only one gender. If a prisoner encounters a member of the opposite sex in any of these areas, he or she could sue the prison. (AP Photo/Rogelio V. Solis)
A document distributed to lawmakers that Newman said the company created states that states can only hold transgender inmates in prison based on their gender identity if there are no “administrative or security concerns.” It cites a California law that requires the state to do so.
Transgender prisoners are often housed based on the gender they were assigned at birth. Advocates say the practice can be dangerous for transgender women housed in men’s facilities.
A report on California law published by the state’s Office of Inspector General found that through December 2022, 382 people have applied for transfer based on their gender identity.
The state conducted public hearings on 55 of the 382 requests, with 36 approved and 19 denied, according to the report. No hearings were held during this period for inmates seeking transfer from women’s prisons to men’s prisons.
Mississippi’s law comes amid broader efforts by the conservative state to restrict transgender athletes, gender-affirming care and drag shows. This year, Republican lawmakers are considering new legislation that would restrict medical care for transgender youth and, in some cases, adults. This marks a return to the issue a year after a flurry of high-profile bills passed and lawsuits.
In 2023, Newman supported legislation in Mississippi that would ban gender-affirming hormones and surgeries for people under 18.
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Mr. Newman’s latest bill awaits consideration by the full House.



