A transgender inmate has filed a lawsuit seeking to block President Donald J. Trump‘s executive order limiting the federal government recognition to only two legal sexes, male and female, and mandating the transfer of transgender women (men) to men’s prisons. The executive order additionally halts federally subsidized sex transitions for these individuals.
According to the filings, the lawsuit alleges President Trump’s executive order is “intentionally designed to discriminate against transgender people.” Additionally, it contends the order is meant to “preclude transgender people from being able to live in a sex different than their birth sex and to deny them equal treatment.”
The plaintiff, identified in legal documents as Maria Moe, is a biological man currently housed in a federal women’s prison. Filed in the U.S. District Court for the District of Massachusetts, the lawsuit is backed by litigators for GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, and Lowenstein Sandler LLP, who argue the executive order contravenes constitutional and statutory rights—citing specifically the Fifth and Eighth Amendments and the Rehabilitation Act of 1973
Moe, who reportedly has gender dysphoria and has pretended to be a woman for years, was receiving gender transition treatment until the recent policy directive interrupted his care. He claims his potential transfer to a men’s facility would place him at significant risk of violence and assault.
Following the executive order, Moe has reportedly been moved to a Special Housing Unit, awaiting transfer, without contact with others. The suit references his lack of a violent record in federal custody and argues against the necessity and legality of such a transfer.
The plaintiff seeks a court judgment to annul the executive order, maintain his housing and medical treatment as they were before the order, and award him nominal damages.
