The Department of Justice launched civil rights investigations Thursday into prison systems in California and Maine, targeting policies that allow transgender inmates to be housed in facilities matching their gender identity rather than their biological sex. The investigations are being conducted under federal civil rights law. If violations are found, they could result in legal action against the states.
Federal officials said the probes will determine whether the states are engaged in a “pattern or practice” of violating female inmates’ constitutional rights.
Attorney General Pamela Bondi framed the investigations as a safety issue. “Keeping men out of women’s prisons is not only common sense, it’s a matter of safety and constitutional rights,” Bondi said.
The DOJ investigations center on two California correctional facilities and the Maine Correctional Center. Officials cited allegations of sexual assault, rape, and a “pervasive climate of sexual intimidation” in facilities where the policies are in effect.
California’s policy stems from a 2020 state law allowing inmates to be housed according to gender identity. The issue drew national attention after a transgender inmate housed in a California women’s prison was later charged with multiple counts of rape.
In Maine, federal investigators are examining allegations that a biological male inmate remained housed with women despite repeated complaints of assault and harassment.
Assistant Attorney General Harmeet Dhillon said the Justice Department will not allow women in state custody to face unconstitutional risks of harm. “These investigations will uncover whether the dangerous national trend of housing men in women’s prisons has resulted in violations of women’s constitutional rights,” Dhillon said.
