Judge Blocks "Transgender" Inmate from Being Moved to Men’s Prison, Defying Trump’s Executive Order

Judge Blocks "Transgender" Inmate from Being Moved to Men’s Prison, Defying Trump’s Executive Order

Published: January 31, 2025

A Clinton-appointed judge blocked the transfer of a "transgender female" inmate from being moved to a men's prison. The inmate involved in this case, who was born male and now lives as a female, is known under the pseudonym "Maria Moe."  Moe has been “transitioning” since his teens and has never been housed in a men's prison until this issue arose.

Maria Moe filed a lawsuit against the Trump administration challenging the executive order, signed by President Trump on January 20, 2025, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government."

U.S. District Judge George O'Toole, appointed by President Bill Clinton, issued a temporary restraining order on January 26, 2025, preventing the transfer of Maria Moe to a men's prison, ensuring he remains in the general population of a women's facility and continues to receive his “gender-affirming” medical care, including hormone therapy.

The executive order mandates that federal agencies only recognize two biological sexes (male and female), requires transgender women to be housed in men's prisons, and stops funding for any gender-affirming medical care for inmates.

Moe’s lawyers argued that the executive order discriminated based on sex, violating his due process rights under the Fifth Amendment and in addition, is cruel and unusual punishment under the Eighth Amendment. They also claimed that his transfer would cause irreparable harm due to the high risk of harassment and violence in men's facilities.

Following the executive order, Moe was initially moved to a special housing unit (solitary confinement) in preparation for his transfer to a men's prison, which was halted by the judge's order.

This case marks one of the first legal challenges to Trump's executive order on transgender prison accommodations which carries implications for how transgender inmates are treated in federal prisons and could set a precedent for future cases.

Following Moe's lawsuit, three more transgender prisoners filed a complaint in Washington, D.C., against similar threats of transfer and denial of medical care.