Judge orders Oregon to house trans inmates by gender identity despite Trump policy

prisoner with trans colours

A federal judge has ruled that Oregon must house transgender women in prisons based on their gender identity, not sex assigned at birth.

This direct push back against a policy introduced under Donald Trump comes as part of a class action lawsuit filed by two transgender women currently incarcerated in Oregon.

US Magistrate Judge Mark D. Clarke issued a preliminary injunction requiring the state to move away from the default placement of trans women in men’s facilities and instead carry out individualised safety assessments for each of the transgender women in custody, as reported by The Oregonian.

Clarke emphasised that housing decisions must begin with the presumption that trans women should be placed according to their gender identity, unless a specific case review determines otherwise.

“It is undisputed in the record before the Court that this default presumption, and their overwhelming placement in men’s prisons, has exposed transgender women inmates to a high risk of violence and sexual assault.

“The undisputed facts additionally show that ODOC has systemically failed to appropriately address this exposure,” Clarke wrote in his ruling.

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