In a bold move, a transgender woman in federal prison has taken legal action against President Donald Trump. This comes after he signed an executive order on his first day back in office that takes away important protections for transgender individuals.
The lawsuit, filed under the name Maria Moe, claims that this order goes against her rights. Moe fears that if she’s moved to a men’s prison, she could face serious dangers like harassment and violence.
“she will be at an extremely high risk of harassment, abuse, violence and sexual assault.”
In the lead-up to the 2024 election, Trump and his Republican team made a big deal about transgender issues. After taking office, he rushed to fulfill his campaign promises by signing a bunch of executive orders.
However, he’s already up against at least six lawsuits because of those orders, and more legal battles are sure to come as federal agencies begin to put his plans into action.
Trump’s executive order declares that the federal government will only recognize two sexes: male and female. This move suggests putting transgender women in men’s prisons and stopping medical care that supports gender changes.
A lawsuit about this was shared on the social media site Bluesky by Mike Scarcella from Reuters. Chris Geidner later talked about it in his newsletter, Law Dork. The suit was filed in the U.S. District Court in Massachusetts on Sunday.
It alleges that the president’s order includes a definition of “sex” that is “intentionally designed to discriminate against transgender people” and “preclude transgender people from being able to live in a sex different than their birth sex and to deny them equal treatment.”
Alongside Trump, a lawsuit has been filed by GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and Lowenstein Sandler LLP. They’re also taking aim at acting Attorney General James McHenry III and William Lothrop, the acting director of the Federal Bureau of Prisons.
Moe, who has been diagnosed with gender dysphoria, has “lived as a woman and has taken hormones continuously since she was a teenager,” the lawsuit says.
“She has always been housed in a women’s facility while in federal custody,” it says. Although her convictions is redacted, it adds that she “has no violent disciplinary history, poses no threat to her female peers, and her presence in the women’s facility has not caused any disruption or interference with prison operations.”
Before January 20, Moe was receiving “medically necessary treatment and had no reason to believe it would be terminated,” the lawsuit says. Details about the medication have been redacted from the publicly available complaint.
The lawsuit says Trump’s order has already caused Moe “significant distress” and “raises serious concerns for her safety and well-being going forward.”
On January 21, prison officials took Moe out of the main area of the low-security women’s prison where she was staying. They put her in a special section called the Special Housing Unit (SHU) and said she would soon be moved to a men’s prison.
Moe “remains in the SHU pending transfer” and “has not been permitted to have contact with others for at least four days,” the lawsuit alleges.
“If Maria Moe is transferred to a men’s facility, she will not be safe,” the lawsuit adds.
“She will be at an extremely high risk of harassment, abuse, violence, and sexual assault. She may be subject to strip searches by male correctional officers. She may be forced to shower in full view of men who are incarcerated. And she will predictably experience worsening gender dysphoria, which can lead to serious harm, including dramatically increased rates of suicidality and depression.”
The lawsuit also alleges that Moe has “no ability to contest her placement in the SHU, and BOP officials told her she could not challenge the transfer because it was required by the Executive Order.”
It claims that the steps being taken—or that will be taken soon—break several important laws. These include our right to fair treatment under the Fifth Amendment, protections against cruel punishment from the Eighth Amendment, and rules from the Rehabilitation Act of 1973 and the Administrative Procedure Act.
The lawsuit is asking the court to decide that the order goes against Moe’s rights from the Fifth and Eighth Amendments, the Rehabilitation Act of 1973, and the Administrative Procedure Act. It seeks an injunction barring enforcement of Trump’s executive order and requiring the Trump administration to “maintain Plaintiff’s housing and medical treatment consistent with the status quo” before January 20, as well as “nominal” damages.
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