Trump Reverses Another Obama-Era Rule on Transgender Identification

May 15, 2018May 15, 2018

Last Friday, under the guidance of the Trump Administration, the U.S. Bureau of Prisons changed its policy on its Transgender Offender Manual, reversing an Obama-era policy that former president Barak Obama signed just days before he left office.

The new shift marks out a line requiring BOP officials to “recommend housing by gender identity when appropriate,” according to The Christian Post

Under Trump’s new guidelines, officials of the Transgender Executive Committee in the BOP must follow four assessments on a “case-by-case basis” when determining where an inmate, who identifies as transgender, will be placed.

The main determining factor by the TEC will “use biological sex as the initial determination for designation.”

Also a factor will be the “health and safety of the transgender inmate” as well as “options available to assist with mitigating risk to the transgender offender.”

“The manual now addresses and articulates the balance of safety needs of transgender inmates as well as other inmates,” A BOP spokesman told NBC News, “including those with histories of trauma, privacy concerns, etc., on a case-by-case basis."

The spokesman added, "Additionally, the manual now states that training on the management of transgender inmates will include information about best practices for maintaining the safety of the transgender inmates as well as the safety of staff, other inmates, and the public.”

The change came after four female inmates sued the federal government in 2016 in Texas District Court claiming “their constitutional rights and their rights under the Religious Freedom Restoration Act” were being violated by being housed with transgender women, NBC News said.

"Blending of the sexes in the confined and restricted conditions attendant to prisons violates the privacy of female inmates and causes numerous dangers and threats to the physical and mental health and safety of our female Plaintiffs," the complaint states.

It added, "The basis for the recent changes to rules and regulations is a politically-driven agenda to affirm that gender identity theory, rather than biological sex, is the normative basis to determine whether an inmate is male or female."

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