A coalition of 26 Republican attorneys general, led by Idaho AG Raúl Labrador and Indiana AG Todd Rokita, has filed an amicus brief supporting President Donald Trump’s executive order mandating that federal prisoners be housed according to their biological sex. The brief criticizes federal judges who have blocked the order, arguing that placing transgender-identifying male inmates in women’s prisons endangers female inmates and undermines lawful executive authority.
In February 2025, a federal judge blocked Trump’s directive to move transgender-identifying male prisoners out of female prisons, citing the Eighth Amendment’s prohibition on cruel and unusual punishment. Two other judges have also blocked the order, including provisions ending funding of transgender procedures for prisoners.
The Republican attorneys general argue that the federal government has the authority to determine prison housing policies and that placing biological males in female facilities compromises the safety and privacy of female inmates. They contend that such placements expose women to increased risks of violence and sexual assault and force them to share intimate spaces with individuals of the opposite sex.
The brief also supports the Trump administration’s decision to halt federal funding for gender-affirming procedures for inmates, citing medical uncertainties and the need for deference to politically accountable policymakers. The attorneys general assert that these decisions should not be subject to judicial override, especially given the potential implications for inmate safety and public trust in the justice system.
This legal challenge highlights the ongoing debate over the rights of transgender inmates and the balance between individual rights and institutional safety within the federal prison system. The case is currently before the U.S. Court of Appeals for the District of Columbia Circuit.
