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Ninth Circuit to Review Oregon Trans Inmate Housing Order

8/28/2026

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Story summary
  • The U.S. Ninth Circuit will hear oral arguments on Oregon’s transgender inmate housing order.
  • Judge Michael Clarke ordered Oregon to house transgender women in facilities matching their gender identity.
  • Clarke reported that 94% of the 123 transgender women in Oregon prisons remain in men’s facilities.
  • The Oregon DOJ appealed, calling the order vague and overbroad, prompting a temporary halt by the panel.