The United States Department of Justice (DOJ) is re-evaluating Obama era policies that protect transgender prison inmates—after a lawsuit was filed by four women in Texas.
Rhonda Fleming, Jeanette Driever, Charlsa Little, and Brenda Rhames are evangelical Christians who are serving prison sentences in Fort Worth and that transgender inmates pose a threat to their safety.
The women—represented by Christian group Alliance Defending Freedom—claim that transgender women who are housed in female facilities violate their constitutional rights and their rights under the Religious Freedom Restoration Act.
The lawsuit says they are“subjected to dangerous conditions” despite none of the plaintiffs living in a unit with any transgender women.
It goes on to say that the current policy—that evaluates where transgender inmates are housed on a case-by-case basis—is “politically-driven” and “creates a situation that incessantly violates the privacy of female inmates”.
Lawyers working for Attorney General Jeff Sessions are currently defending the rights of transgender prisoners, that an injunction is unlikely.
“In short, Plaintiffs’ unsubstantiated allegations fail to establish that they would suffer a real, substantial, and immediate harm in the absence of a preliminary injunction.”
However, the Department of Justice’s opposition document also notes that the policy will be reviewed when the next Bureau of Prisons director takes office.
“Defendants anticipate that, when he takes office, he will evaluate the issues in this case and how the challenged regulation and policies apply to Plaintiffs.”
The case is before US District Judge Reed O’Connor—who has issued an injunction against an Obama administration policy that aimed to prevent doctors from discriminating against transgender patients and women seeking abortions.
O’Connor ruled that the regulation violated religious freedom and “places substantial pressure on plaintiffs to perform and cover transition and abortion procedures”.
The judge was also for granting a nationwide injunction earlier this year that rolled back protections for transgender students in the US.
