A transgender inmate in federal prison has become the first to challenge former President Donald Trump’s executive order restricting gender recognition, launching a lawsuit that could set the tone for the administration’s approach to LGBTQ rights. The lawsuit, filed in a Boston federal court, argues that Trump’s directive, which mandates federal agencies recognize only two biological sexes and forces transgender women into men’s prisons, violates constitutional protections.
The inmate, using the pseudonym Maria Moe, asserts that the Bureau of Prisons has already begun implementing the order by preparing her transfer to a men’s facility, stripping her of gender-affirming healthcare, and officially reclassifying her as male. Her attorneys argue that this move puts her at severe risk of violence and abuse, violating both the Fifth and Eighth Amendments of the U.S. Constitution. Denying her access to medical care also contravenes federal laws, including the Rehabilitation Act of 1973. The lawsuit, briefly available before being sealed, seeks to block Moe’s transfer and ensure she continues to receive necessary medical treatment.
This legal challenge is likely to be the first of many, as Trump’s order effectively rolls back rights and protections for transgender individuals in federal custody. The administration’s rhetoric on “gender ideology extremism” signals a broader policy shift, one that could impact not just incarcerated individuals but also transgender people in schools, workplaces, and healthcare settings. The order follows a wave of state-level anti-trans legislation and echoes the Trump administration’s previous attempts to restrict transgender rights in the military and public services.
While Trump’s supporters champion the move as a return to “biological reality,” civil rights organizations warn that these policies disproportionately endanger transgender individuals. The legal battle ahead could determine whether such executive orders stand, or if they will be struck down as unconstitutional. For LGBTQ advocates, the stakes could not be higher.