Trans inmate's lawsuit challenges Trump 'two-sexes' order cutting off tax money for gender therapy

A transgender inmate has filed the first lawsuit against the Trump administration, challenging an executive order halting medical transition treatments for federal prisoners.

President Donald Trump's executive order puts an end to medical transgender treatments for federal prisoners. (Getty Images)

Once Trump signed the executive order, Moe was transferred to a men's prison facility, and BOP records changed the sex from "female" to "male," the complaint says.

The lawsuit, first reported by Reuters, claims Trump's executive order will lead to transgender women "who are incarcerated in federal prisons" being "unlawfully transferred to men’s facilities and denied medically necessary healthcare."

"If Maria Moe is transferred to a men’s facility, she will not be safe," the lawsuit, filed in the U.S. District Court for the District of Massachusetts on Sunday, claims. "She will be at an extremely high risk of harassment, abuse, violence, and sexual assault. She may be subject to strip searches by male correctional officers."

"She may be forced to shower in full view of men who are incarcerated. And she will predictably experience worsening gender dysphoria," the complaint continued.

Moe is claiming Trump and the BOP are violating the Fifth and Eighth Amendments and claims they are "at imminent risk of losing access to the medical care she needs to treat her gender dysphoria."

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A New York Times column featured the perspectives of gender destransitioners and gender-affirming care providers who claim that leftwing activists are pushing sex changes on kids too aggressively. (ANGELA WEISS/AFP via Getty Images)

In the past year, multiple lawsuits have been filed over the denial of gender transition treatments for incarcerated individuals. Autumn Cordellioné, a transgender woman serving 55 years in Indiana for the murder of their 11-month-old stepdaughter, sued the state for refusing to conduct transgender surgery.

In April 2024, the Biden administration’s Department of Justice sued Utah’s Department of Corrections, alleging it created unnecessary barriers to gender dysphoria treatment for inmates.

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In September 2024, Reiyn Keohane, a transgender woman imprisoned in Florida, filed suit against the state’s Department of Corrections. Keohane alleged officials violated the Eighth Amendment for discontinuing hormone therapy and access to female clothing and grooming products, despite Keohane's prior diagnosis and treatment for gender dysphoria.

Fox News Digital has reached out to Moe's attorneys, the White House and BOP.

Jamie Joseph is a writer who covers politics. She leads Fox News Digital coverage of the Senate. 

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