Federal judge blocks Trump's order to transfer trans 'women' to men's prisons

The executive order signed by President Donald Trump to transfer transgender "women" to men's prisons, consistent with their biological sex, suffered a setback Tuesday when a federal judge decided to block the order, arguing that the potential transfer poses a significant risk to female prisoners.

U.S. District Judge Royce Lamberth, an appointee of former President Ronald Reagan, stated Tuesday night that the transfer policy would likely violate the Eighth Amendment's prohibition against cruel and unusual punishment.

The order, signed on Trump's first day in office, also established a ban on the Bureau of Prisons providing gender-affirming care for female inmates. The judge also rolled back this provision, allowing the Bureau of Prisons to give specialized medical care to transgender inmates.

According to Judge Lamberth, the plaintiffs presented compelling evidence that a transfer to all-male prisons would expose them to a "significantly elevated risk of physical and sexual violence." 

Also, the federal judge said the plaintiffs presented strong evidence that depriving them of medication to treat gender dysphoria could cause "numerous and severe symptoms."

The DOJ argued before the judge that ruling on the executive order was too soon since the transgender prisoners had not yet been transferred to a men's correctional facility.

The DOJ also said inmates should exhaust the Bureau of Prisons' formal grievance procedures before turning to the courts.

But Judge Lamberth dismissed the argument, stating that this case is an exception because President Trump's executive order "plainly requires the BOP to perform the allegedly unlawful facility transfer and to withhold the prescribed hormone therapy drugs."

"Thus, there is no form of relief that is within the BOP’s discretion to provide," Judge Lamberth concluded.

While the order signed by Trump is much broader, the judge only blocked the two specific provisions related to transgender inmates.