Federal Bureau of Prisons refuses to reverse restrictive trans policies despite Democrat pushback
Restrictive trans policies for prisoners are under fire (Getty Images)
The Federal Bureau of Prisons has rejected calls from Democratic senators to roll back a series of policies impacting incarcerated transgender people that resulted from a Trump executive order earlier this year, including restrictions on gender-affirming care and directives requiring staff to use names and pronouns tied to inmates’ sex assigned at birth.
In an 11 May letter sent to Acting Attorney General Todd Blanche and BOP Director William K. Marshall III, Senators Ed Markey, Jeff Merkley, and Mazie Hirono urged the agency to withdraw policies they said endanger transgender inmates and strip them of dignity and medically necessary care. The senators also warned that some of the new guidance may violate existing federal court injunctions tied to ongoing lawsuits challenging the policies.
BOP spokesperson Donald Murphy defended the changes in a statement to the Washington Blade on 14 May, claiming the current administration’s approach is based on “best medical practices”.
Murphy went on to criticise Biden-era policies, saying: “Unlike the prior administration’s one-size-fits-all approach, the BOP’s new policy ensures individualised assessments and treatments. And while the previous administration’s policies on treating inmates with gender dysphoria was driven by radical ideology, the BOP’s current policy is based on medical studies, medical expert opinions, state correctional policies, caselaw, and penological concerns. Absent court order, there are no plans to reconsider or revisit the policy.”
However, the bureau did not specify which medical experts or studies support its position, despite every major US medical association endorsing gender-affirming care as safe and effective for transgender people.
According to the senators, the February 2026 policy blocks gender-affirming care even when inmates are willing to pay privately, requires some trans inmates to gradually stop hormone therapy, and replaces gender-affirming treatment with psychotherapy. “By stripping away appropriate medical and psychiatric care, safety protections, and measures to provide dignity, the BOP is exposing transgender individuals to significant harm,” the senators wrote.
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