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WASHINGTON (TNND) — Transgender inmates will continue to receive hormone therapy and social accommodations after inmates sued the Trump administration over the executive order directing the Bureau of Prisons (BOP) to halt funding for gender-affirming care.
U.S. District Judge Royce Lamberth issued a temporary injunction on Tuesday saying the federal law prohibits prison officials from arbitrarily depriving inmates of medications and other lifestyle accommodations that the bureau's own medical staff has deemed appropriate.
Lamberth said the inmates "do not seem interested in propagating any particular 'ideology'" but that they are "taking these measures to lessen the personal anguish caused by their gender dysphoria."
“In light of the plaintiffs’ largely personal motives for undergoing gender-affirming care, neither the BOP nor the Executive Order provides any serious explanation as to why the treatment modalities covered by the Executive Order or implementing memoranda should be handled differently than any other mental health intervention,” the judge continued.
The executive order required the BOP to revise its medical care policies so that federal funds aren't spent "for the purpose of conforming an inmate’s appearance to that of the opposite sex."
Lamberth’s ruling isn’t limited to the plaintiffs named in the lawsuit. He agreed to certify a class of plaintiffs consisting of anyone who is or will be incarcerated in federal prisons.
The judge said there's no evidence Trump or prison officials considered the harm the new polices could do to transgender inmates.
“The defendants argue that the plaintiffs have not alleged irreparable harm because they are all currently receiving hormone medications. But it suffices to say that all three plaintiffs’ access to hormone therapy is, as best the Court can tell, tenuous,” Lamberth wrote.
The plaintiffs being represented by attorneys from the Transgender Law Center include two trans men and one trans woman serving sentences in facilities in New Jersey, Minnesota, and Florida.
"Our case argues this policy violates the Eighth Amendment’s prohibition on 'cruel and unusual punishments,' which federal courts have long held includes the denial of medically necessary health care, including access to gender-affirming care," Transgender Law Center wrote in a release. "We also argue that the policy violates the equal protection requirement of the Fifth Amendment, the Administrative Procedure Act, and the Rehabilitation Act."
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