Federal Government Mandates States to Align Inmate Housing Policies with Biological Sex or Risk Funding Cuts

Federal Government Mandates States to Align Inmate Housing Policies with Biological Sex or Risk Funding Cuts

FIRST ON FOX – A senior official within the Trump administration confirmed on Thursday that states that do not comply with federal mandates regarding the housing of inmates based on their biological sex could soon face significant funding cuts. The official indicated that Maine’s Department of Corrections serves as an example, emphasizing that the state’s current punitive measures will not be unique.

While Maine’s situation regarding the housing of transgender inmates in a women’s facility has attracted significant attention, it is not an isolated incident. Similar circumstances have unfolded in various states, where policies permitting transgender individuals to be housed according to their gender identity are already in place.

States including California, New York, Minnesota, New Jersey, and Washington permit transgender individuals to stay in correctional facilities that align with their identified gender. Most of these states subsidize transgender medical treatments at taxpayers’ expense, though specific services can differ from one facility to another. Colorado stands apart, as it is the only state with facilities specifically designated for transgender inmates, following a consent decree.

Recent Transgender Housing Controversies in Maine

In January, a 24-year-old transgender woman named Andrea Balcer was relocated from the Maine State Prison to the women’s section of the Maine Correctional Institute. Balcer, who was convicted of the violent murders of both parents and their dog in 2018, received a 40-year sentence for the crime. This move raised alarms about the current state of inmate housing policies across the nation.

The official who spoke on background mentioned that, despite most funding for prisons occurring at the state level, compliance with the Prison Rape Elimination Act remains crucial. Many states model their laws after federal guidelines. The official voiced concerns that some states feel compelled to admit transgender women into female facilities, even when they prefer to create separate accommodations.

“That’s a state call. However, states are generally discouraged from making that decision,” the official remarked. “States face pressure to place these individuals with women, leading some to house transgender women alongside male inmates, while others may attempt to create separate spaces for them. There is no definitive stance on which option is preferable.”

Before the Trump administration enacted an executive order prohibiting gender-affirming procedures in federal correctional systems, some Bureau of Prisons facilities allocated federal funds for procedures deemed necessary for gender transition, such as hair removal and other cosmetic treatments. These services were historically available only to male inmates until the Obama administration initiated funding programs. California became the first state to establish policies allowing transgender surgeries for state prison inmates in 2017.

Legal Battles Surrounding Transgender Inmates

In recent instances, the administration has stressed that the policies outlined represent unacceptable discrimination based on sex. For example, the women incarcerated in Maine do not receive similar access to gender-affirming services provided to some male inmates.

Additionally, another transgender inmate in Maine, known as Walter William Moore, garnered attention after being convicted of murdering a woman found executed in a grisly manner. As outlined in court documents, Moore, who identifies as “Nikki,” has raised concerns regarding the prison’s response to his gender transition needs.

In January, while currently housed in a male facility, Moore filed a formal complaint against the state’s Department of Corrections employees, alleging assault and theft of personal property. He also claimed he was unfairly denied gender transition treatments requested during his confinement.

The issue is compounded by significant public safety concerns linked to these policies. A spokesperson for the Department of Justice reiterated the administration’s commitment to preserving the safety of all inmates, stating that the department will cease funding organizations that infringe upon women’s rights and women’s safety in correctional facilities.

As of February, the Federal Bureau of Prisons reports that it manages 2,198 transgender inmates, including 22 transgender women who currently reside in women’s correctional facilities. This figure does not reflect the numbers from state-level institutions, which also may depend on federal support.

Moreover, the Trump administration is actively seeking judicial clarification on the executive order aimed at eliminating gender-transition procedures in federal correctional facilities. A recent ruling from U.S. District Judge Royce Lamberth temporarily obstructed the transfer of three transgender women to men’s prisons, emphasizing concerns regarding their safety. Several days later, another federal judge issued an order blocking the transfer of yet another transgender woman from a women’s facility to a male prison. By March, Judge Lamberth mandated that the Bureau of Prisons reinstate two transgender inmates to women’s facilities and continue providing their hormone therapy treatments.

Implications of Federal Policy on State Regulations

The current discourse around transgender correctional policies inevitably raises numerous social and legal questions. As this situation evolves, it will likely lead to a reevaluation of the delicate balance between biological definitions and individual identity within the justice system. Experts suggest that the resolution to these issues requires careful consideration of moral, ethical, and practical aspects of housing practices for transgender inmates.

As federal inquiries intensify and the legal landscape shifts, it remains crucial for states to navigate these sensitive issues with respect to human rights and public safety. The path ahead will undoubtedly challenge correctional systems across the country, necessitating a thoughtful dialogue among policymakers, advocates, and society at large.

Fox News Digital’s Greg Wehner contributed to this report.