Free shipping over $99 | Interest Free *no credit check* financing is available!

Department of Justice Updates Guidelines Protecting Transgender Prisoners

by Remington Gregg March 28, 2016

Last week, the Department of Justice (DOJ) released an important clarification to their 2012 guidelines aimed at protecting transgender prisoners. While DOJ has already stated that an inmate’s gender identity should be considered when placing them in gender-specific facilities, the new clarification explicitly states that automatic placement based on anatomy is a violation of federal law.

Congress passed the Prison Rape Elimination Act (PREA) in 2003 with the explicit goal of ending prison sexual assault and abuse. More than a decade later, DOJ issued rules implementing PREA. The regulations state that decisions about housing should be made on a case-by-case basis taking into account an  inmate’s health and safety. In addition, the rules state that a transgender person’s own views shall be given serious consideration in the decision-making process.  However, despite  these guidelines, inmates have still been overwhelmingly placed in housing based on anatomy regardless of their gender identity.

This has led to high levels of violence against transgender individuals in confinement. According to the DOJ’s Bureau of Justice Statistics’ latest survey of transgender inmates in state and federal prisons, almost 40% were sexually victimized. The rate of sexual assault among non-LGB individuals is much lower.

DOJ’s guidance makes clear that confinement facilities that have a written policy in place, or simply a practice, of housing transgender inmates solely on anatomy violate PREA’s standards. Non-compliance could subject a state to a reduction in federal funding.

While this clarification is an important step, there is more work to do to ensure that placing transgender inmates in facilities based on their gender identity is the norm rather than the exception. HRC will continue to work with Congress and the Executive Branch to ensure the safety of transgender individuals – and all LGBT people – in confinement.  

Remington Gregg
Remington Gregg


Leave a comment

Comments will be approved before showing up.

Also in Think

Everyone Is Freaking Out About Solange’s New Album “A Seat At The Table”

by Derek de Koff September 30, 2016

Solange’s first offering since 2012’s EP True dropped today, and critics haven’t been stingy with superlatives when describing the rush of listening to the album. Related: Beyonce Speaks Out Against Anti-LGBT Law, Says “Y’all Means All” The Guardian calls A Seat at the Table “a stately, sprawling celebration of black identity” that displays an “artful, keening single-mindedness.” Mashable gushed that “her ethereal [...]

Continue Reading →

Teen’s Story About Hooking Up With Married Politician Sounds Awfully Like Mike Yenni

by Graham Gremore September 30, 2016

So we already told you about Mike Yenni, the conservative politician from Louisiana who was just outed for allegedly having an affair with an anonymous 17-year-old Catholic school boy/mall food court employee. Local Louisiana news station WWL-TV broke the story last night. Well, we think–emphasis on the word think–we’ve found the guy. His name is Alex Daigle and he’s 19 now, [...]

Continue Reading →

While You Were Sleeping, Donald Trump Went On A Twitter Rant About A Sex Tape

by Jeff Taylor September 30, 2016

In the middle of the night, as you slept like a sane human, Donald Trump launched into a Twitter rant about former Miss Universe Alicia Machado. Hillary Clinton pounced on how Trump treated Machado after she won the crown during his tenure as owner of the beauty competition, bringing it up at the first presidential [...]

Continue Reading →