Incarcerated trans woman sues Trump

By Tala Clower

A courageous trans woman in federal prison, using the pseudonym Maria Moe, is fighting back against President Donald Trump’s violent attacks on her rights.

On Jan. 20, Trump signed an executive order titled “Defending women from gender ideology extremism and restoring biological truth to the federal government” (EO 14168). This order threatens the safety and humanity of all trans people and their ability to safely access gendered spaces and gender-affirming, medically necessary care. Section 4, “Privacy in Intimate Spaces,” specifically bars trans women from accessing women’s prisons, domestic violence shelters and other spaces designated for women. 

While many sectors are still waiting to find out how Trump’s executive order affects them, prisons experienced changes immediately. One of the women affected by these changes, Moe, is suing Trump, Acting U.S. Attorney General James McHenry and Acting Director of the Federal Bureau of Prisons William Lothrop. 

The suit is an effort to stop her violent relocation from the women’s prison where she’s currently incarcerated to a men’s prison (Civil Action No. 1:25-cv-10195). Lawyers from GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, and Lowenstein Sandler LLP are arguing her case. 

On Jan. 21 the Bureau of Prisons forced Moe out of the general population and ordered her into the Special Housing Unit (SHU), an isolated wing of the prison where inmates are locked alone in a solitary cell for 23-24 hours per day. The lawsuit states that while Moe was in SHU, she was told she would soon be transferred to a men’s prison and denied hormone replacement therapy. She had to deal with this extremely upsetting news while being barred from any outside contact for at least four days. 

The lawsuit also protests that if Moe is moved to the men’s prison, she will be forced to shower and undergo strip searches in front of male security guards, and her lawyers worry that she will face harassment and physical and sexual violence.

Moe wins temporary victory 

U.S. District Judge George O’Toole Jr., who is hearing the case, made a temporary ruling that Moe remain in the women’s prison in general population and that she keep receiving gender-affirming medical treatment until he comes to his final ruling on the case. (Boston Globe, Jan. 30)

Trans activists remain optimistic that this initial ruling means good things for Moe and other trans women across the country fighting for their right to stay in women’s prisons. But they also know that the evil forces hoping to enact violence on Moe goes much deeper than one ruling could ever heal (and deeper than one president could ever be the sole cause of). 

According to a report by NBC News, “nearly all transgender prisoners across the U.S.” are kept in prisons that are gendered opposite to the imprisoned person’s lived reality. It found that only 15 of the 4,890 transgender prisoners at the time were held in prisons that aligned with their gender. In addition, this study and others like it concluded that trans prisoners, especially trans women, face exponentially high rates of physical and sexual violence in prison no matter where they are imprisoned. (Feb. 26, 2020) 

The reality of abuse of trans people in prisons does not illustrate a system that worked until it was “broken” under Trump. Instead, it reveals a truth that has existed as long as the U.S.: prisons have always been tools to carry out state violence against oppressed groups and to provide forced, unpaid labor for the billionaire ruling class. 

Since the new Trump administration seems bent on continuing the long, often bipartisan project of using prisons to enact violence against trans women and other vulnerable populations, oppressed people need to fight back in whatever ways they can. And the preliminary results of Moe’s lawsuit show that they can and must win this fight. 

How to help incarcerated trans women

A great way to get started in the struggle is to make sure incarcerated trans sisters know they are not alone — and make sure the prison guards know it too. Building personal relationships by starting a pen pal friendship with incarcerated trans women can be a good way to help build solidarity and also show to prison guards that there are people on the outside keeping an eye on things. 

Additionally, there are organizations around the country working to make sure imprisoned people have access to radical books and publications that are looking for donations and/or volunteers. CeCe McDonald, a trans woman previously incarcerated for practicing self-defense, has spoken about the importance of receiving books with revolutionary politics and Workers World newspaper in helping her own sense of self and helping her build community with the men she was incarcerated with. 

By fighting for the rights of incarcerated trans women, people join a larger political struggle with those fighting for the freedom of political prisoners, parents, children, loved ones and community members. There is solidarity in this struggle — and in solidarity, there is always hope and power. 

Free our sisters! Free them all! To offer support for incarcerated trans people, look into Black and Pink’s PenPal program for incarcerated LGBTQIA2S+ people, or search for a local bail fund to support financially. Those in prison can contact Workers World newspaper for a free subscription and/or to submit letters and articles to the paper. Readers can help sustain the free subscriptions for prisoners program by donating to the WWP Supporter Program.