In a concerted move for justice, Massachusetts Attorney General Andrea Joy Campbell has taken the lead by rallying a coalition of 13 attorneys general in a legal stand to assure the well-being of incarcerated transgender individuals. A recent amicus brief was filed in the Jones v. Bondi case at the U.S. Court of Appeals for the District of Columbia. The coalition's objective: to uphold a preliminary injunction that seeks to prevent the Trump Administration from enacting a policy that would narrowly define the housing options for transgender women in prison, stripping correctional staff of their discretion to make decisions meant to safeguard transgender inmates.
"Transgender people – regardless of their involvement in our justice system – deserve safety and dignity. Housing decisions for incarcerated transgender individuals need to be made on a case-by-case basis for their safety and the wellbeing of the entire prison population," AG Campbell voiced, according to the Massachusetts government news service. This brief comes as a determined response against what the coalition labels as the Trump Administration's "cruel and unlawful policies," and represents a promise to rigorously to defend the rights of Massachusetts residents.
The backdrop to this filing is the Prison Rape Elimination Act (PREA) of 2003, which mandated a zero-tolerance policy for sexual violence in U.S. prisons and established comprehensive standards for its prevention. Massachusetts has been proactive in this respect, with its Criminal Justice Reform Act of 2018, which not only prohibits gender identity-based restrictive housing allocations but also prescribes that incarcerated individuals should be treated and housed in accordance with their gender identity, and invasive searches to be carried out by staff of the same gender identity when requested.
The legal response follows a policy shift by the Bureau of Prisons (BOP), which proposed a blanket ban on housing transgender women in women’s facilities. The policy was challenged by Jane Jones, a transgender woman, resulting in a preliminary injunction temporarily halting its implementation. The Trump Administration has appealed the ruling. In their amicus brief, the coalition of attorneys general argues that such policies undermine protections established under the Prison Rape Elimination Act (PREA) and could negatively impact the safety and dignity of incarcerated individuals.
Attorneys general from states including California, Delaware, New York, and Oregon have joined Massachusetts Attorney General Andrea Joy Campbell in the amicus brief. The filing supports maintaining a preliminary injunction and advocates for policies that allow correctional staff discretion in housing decisions for transgender individuals.
