Federal Judge Orders Oregon to Reassess Prison Housing for Transgender Women
A federal judge has ordered Oregon prison officials to change how they assess housing for transgender women, ruling that the state likely violated constitutional protections by defaulting toward placing them in men’s prisons.
U.S. Magistrate Judge Mark D. Clarke granted a preliminary injunction and provisional class certification in S.D. et al. v. Rees et al., a case brought on behalf of current and future transgender women in Oregon Department of Corrections custody. The order says ODOC policies claim to require individualized assessments, but the court found the process appears to begin with a default presumption that transgender women should generally be housed in men’s facilities.
Clarke wrote that more than 90% of transgender women in Oregon’s prison system are housed in men’s facilities and that the record showed this placement exposed them to a high risk of violence and sexual assault. The court found plaintiffs were likely to succeed on Eighth Amendment and Equal Protection claims.
The order does not require Oregon to move every transgender woman into a women’s prison. Instead, it requires reassessments with a presumption toward gender-consistent placement, along with safe, non-punitive alternatives when a women’s facility is not appropriate.
Subscribe free for daily political analysis they won’t broadcast. Join 110K+ readers →
The ruling also requires Oregon to avoid known violent cellmate placements, protect bodily privacy, use female staff for unclothed searches absent extraordinary circumstances, improve reporting systems, and provide interim mental health support in certain cases.
The injunction lasts 90 days and can be renewed. Oregon must file joint status reports every 30 days on implementation.
The decision comes as courts continue to wrestle with Trump administration policies affecting transgender prisoners, medical care, bathrooms, and school sports.
Subscribe free for daily political analysis they won’t broadcast. Join 110K+ readers →