DOJ Opens Civil Rights Investigation Into Washington Transgender Prison Policy
The Justice Department has opened a federal civil-rights investigation into Washington’s women’s prison, escalating a national fight over transgender prisoners and state housing policies.
DOJ notified Washington Gov. Bob Ferguson that it will investigate whether the Washington Corrections Center for Women in Gig Harbor has engaged in a pattern or practice of violating the constitutional rights of female prisoners. The department says the inquiry is focused on Washington’s practice of housing transgender women at the facility.
In its notice letter, DOJ said the investigation is based on information alleging that the prison failed to protect female prisoners from sexual and physical violence, harassment, voyeurism, and intimidation from transgender women housed there. DOJ emphasized that it has not reached conclusions.
The legal stakes are significant. DOJ is using the Civil Rights of Institutionalized Persons Act, known as CRIPA, a federal law that allows the department to investigate whether prisons or other institutions are engaged in systemic constitutional violations. If DOJ finds violations, it can seek negotiated reforms or pursue litigation.
Washington DOC told KUOW it is reviewing the letter and plans to cooperate with federal investigators. The agency also said it is already defending litigation “on both sides” of the policy, including cases involving the ACLU and the Foundation Against Intolerance and Racism.
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KUOW reported that Washington’s policies allow incarcerated people to request transfer to a facility aligned with gender identity, with each case reviewed individually. The outlet also reported that about 300 people in Washington prisons identify as transgender.
The Washington probe follows DOJ investigations announced in March into California and Maine prison policies involving transgender women in women’s facilities.
The next key question is whether DOJ’s investigation ends with no findings, negotiated policy changes, or a federal enforcement case.
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