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DOJ probes transgender inmate housing policies in California and Maine

A federal investigation questions whether transgender inmate housing violates constitutional rights. States defend their policies as critics cite rising safety risks.

The image shows a poster with the text "Restrooms are Gender Neutral" written on it, emphasizing...
The image shows a poster with the text "Restrooms are Gender Neutral" written on it, emphasizing the importance of gender in the restroom.

DOJ probes transgender inmate housing policies in California and Maine

The U.S. Justice Department has launched an investigation into California and Maine over their policies of housing transgender women in female prisons. Both states allow inmates to be placed according to their gender identity rather than biological sex. The move follows reports of alleged assaults and concerns about inmate safety.

California's policy began in 2020 when the governor signed legislation requiring prisons to house inmates based on gender identity. The exact number of transgender individuals in the state's women's prisons remains unknown. Recently, a transgender female inmate in California was charged with rape, bringing further scrutiny to the policy.

In Maine, a similar approach has led to allegations that a transgender woman assaulted or harassed female inmates. The Justice Department claims these policies have created a risk of sexual violence, including rape and intimidation, for biological women in prison. However, no specific court cases or detailed incidents have been publicly linked to these claims. Maine's governor has dismissed the investigation as politically driven. Meanwhile, federal officials argue that female inmates should not face unconstitutional risks from male-born prisoners. The probe will focus on selected prisons in both states to assess the impact of current housing rules.

The investigation will examine whether housing transgender women with female inmates violates constitutional protections. If findings support the allegations, changes to state policies could be required. For now, both California and Maine continue to enforce their existing rules on inmate placement.

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