A transgender woman in federal prison has filed a groundbreaking lawsuit against former President Donald Trump, challenging his executive order mandating that transgender women be moved to men’s prisons. The lawsuit alleges the policy puts trans women like her at extreme risk of violence, harassment, and sexual assault.
The case, filed by the National Center for Lesbian Rights and GLBTQ Advocates and Defenders, marks the first federal legal challenge to Trump’s executive order. The order, signed on January 20, redefines federal recognition of gender to strictly male or female, based on biological sex. It also directs the Bureau of Prisons to house inmates based on their assigned sex at birth and eliminates access to gender-affirming healthcare for incarcerated transgender individuals.
The plaintiff, identified anonymously as “Maria Moe,” has been diagnosed with gender dysphoria and began transitioning in middle school. She has been taking feminizing hormones since the age of 15. Throughout her incarceration, federal prison officials and fellow inmates have recognized and treated her as a woman. However, following the new order, Maria was removed from the general population at a women’s facility and placed in a “special housing unit.” She was later informed she would be transferred to a men’s prison.
On January 25, prison records reclassified Maria as “male.” She remains in solitary housing, awaiting transfer, which her lawsuit describes as a severe violation of her constitutional rights. The legal filing states that moving her to a men’s facility would expose her to an extremely high risk of physical and sexual violence, strip searches by male officers, and forced showers in front of male inmates. The lawsuit also warns that such a transfer would exacerbate her gender dysphoria, leading to severe mental health challenges, including depression and suicidal tendencies.
The lawsuit argues that Trump’s directive violates Maria’s Fifth Amendment rights to due process and protection from sex-based discrimination. It also accuses the administration of breaching the Eighth Amendment, which prohibits cruel and unusual punishment, by denying her access to medically necessary gender-affirming care.
Advocates for transgender rights have condemned the executive order, emphasizing its potentially devastating impact on LGBTQ+ individuals. Federal data reveals that transgender inmates, who make up roughly 1% of the federal prison population, face disproportionately high rates of abuse. Transgender individuals are 10 times more likely to report sexual victimization compared to other inmates.
In 2022, the Bureau of Prisons spent only $153,000—less than 0.01% of its healthcare budget—on gender-affirming care. Despite this, just 10 transgender women were housed in women’s prisons by 2023. Advocates argue that Trump’s policy further erodes protections for trans inmates, contradicting the federal Prison Rape Elimination Act, which requires individual assessments to minimize risks of victimization.
Ricardo Martinez, executive director of GLBTQ Advocates & Defenders, called the executive order a “direct attack” on transgender Americans. “It is cruel, deliberate, and wrong,” he said in a statement. “Transgender people deserve dignity, respect, and safety, just like anyone else.”
Maria’s case seeks to block the enforcement of Trump’s order and protect the rights and safety of transgender individuals in federal custody.
