Federal Judge Blocks Trump’s Executive Order from Transferring Transgender Inmate
The ruling temporarily halts the transfer of a transgender woman to a men’s facility and protects her access to gender-affirming care.
BOSTON — A U.S. district judge has temporarily blocked federal officials from transferring a transgender woman to a men’s prison and from cutting off her access to gender-affirming medical care, following a controversial executive order issued by President Donald Trump. The ruling, announced Thursday, comes as part of the first legal challenge to Trump’s order, which was signed on January 20 and seeks to limit federal support for gender-affirming healthcare for transgender inmates.
U.S. District Judge George O’Toole, based in Boston, issued a temporary restraining order on Sunday, which was unsealed during a court hearing on Thursday. The judge's ruling prevents the transfer of the inmate, known as Maria Moe (a pseudonym), to a men’s facility and mandates that her current medical care continue while her case is further evaluated.
Trump’s executive order directed the federal government to only recognize two sexes — male and female — and required that transgender women be housed in men’s prisons, along with the cessation of funding for gender-affirming medical treatments for inmates.
The lawsuit, filed by Moe and supported by LGBTQ rights groups including GLBTQ Legal Advocates & Defenders (GLAD), argues that the executive order violates her constitutional rights. The case alleges that the federal government’s actions based on gender identity discrimination infringe upon Moe’s due process rights under the Fifth Amendment and subject her to cruel and unusual punishment, violating the Eighth Amendment.
According to Moe’s attorneys, after Trump’s executive order was signed, the federal Bureau of Prisons informed her that she would be transferred from a women’s prison to a men’s facility. The legal team argues that such a transfer would expose Moe to a heightened risk of harassment, abuse, violence, and sexual assault. Additionally, the Bureau of Prisons reportedly planned to change Moe’s official gender identification from female to male, potentially cutting off her access to hormone therapy — treatment that she has relied on for years to address her gender dysphoria.
Jennifer Levi, a lawyer representing Moe with GLAD, expressed relief that her client will remain in the women’s facility for now, adding that the temporary restraining order provides important protection. “We are pleased that the judge’s ruling means that Maria is staying put for now,” Levi said.
Judge O’Toole is expected to continue reviewing the case to determine whether to issue a longer-term injunction. Moe’s legal battle may have broader implications, as three other transgender women incarcerated in the U.S. have filed similar lawsuits in Washington, D.C., challenging the executive order.
The U.S. Attorney’s Office in Boston has declined to comment on the ongoing case.