Oregon Appeals Court to Review Transgender Inmate Housing Order

The U.S. Ninth Circuit Court of Appeals will hear oral arguments on Thursday regarding a state-level challenge to a district-court order that requires Oregon to house transgender women in facilities that align with their gender identity after a safety assessment. The order, issued by Judge Michael Clarke, was issued in response to a 2025 class-action lawsuit filed by two transgender inmates who alleged exposure to sexual and physical violence when placed in men’s prisons. The appeals panel has temporarily halted the injunction while the state’s appeal proceeds.

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Oregon’s current practice involves individualized assessments that consider gender identity, personal history, and safety concerns. The Oregon Department of Justice appealed, calling the district court’s finding “clearly erroneous” and arguing that the order is “vague and overbroad” and fails to account for inmates who may voluntarily remain in men’s prisons.

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• Oregon Department of Justice – Argues the district court lacked evidence for its presumption and seeks to overturn the injunction.

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The hearing begins at 1 p.m. and will be streamed on YouTube.

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• “It is undisputed in the record before the Court that this default presumption, and their overwhelming placement in men’s prisons, has exposed transgender women inmates to a high risk of violence and sexual assault,” — Michael Clarke, circuit court judge

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• “Getting rid of the preliminary injunction, for whatever reason, I think would be a step backwards in protecting those inmates,” — John Burgess, an attorney for the incarcerated people

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