Full Breakdown
9th Circuit Allows Oregon to Keep Transgender Women in Men’s Prisons
By Drooid · · How we work
Core Event
On Thursday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower-court order that had required Oregon’s prison system to place transgender women inmates in facilities designated for women. The appellate judges, all appointed by former President Donald Trump, held that the state is not obligated to house transgender women based on gender identity and may continue assigning them to men’s prisons. The decision directly overturns a February directive from the Federal Bureau of Prisons and a 2025 district-court ruling by Magistrate Judge Mark D. Clarke that had favored placement by gender identity.
Legal Background and Prior Orders
The 2025 district-court order had instructed Oregon to presume that transgender women should be housed in women’s prisons unless an individualized review suggested otherwise. That order was issued after two transgender inmates sued the state, alleging discrimination and heightened risk of assault. The Federal Bureau of Prisons had earlier issued a directive urging states to consider gender identity in placement decisions, a policy the Ninth Circuit panel rejected as beyond the scope of the case.
Official Statements & Responses
Oregon officials reiterated that prison assignments are made on a case-by-case basis, weighing personal history and gender identity among other factors. Attorney John Burgess, representing the plaintiffs, said the current conditions place transgender women in Oregon Department of Corrections custody at serious risk of sexual and physical assault and that the case will be appealed.
Criticism & Opposition
—as “bigoted” and “dehumanizing.” The organization argued that the decision ignores extensive records of assault against transgender women placed in male facilities and conflicts with Oregon’s values of equality.
Verbatim Quotes
- “The district court improperly disregarded the overwhelming contrary evidence presented by Defendants in favor of baseless speculation,” — Eric Tung, trump-appointed judge
- “At most, the record reflects that different officials acted in different ways toward different prisoners at different times,” — Eric Tung, trump-appointed judge