A federal appellate court ruled last week that Oregon may house trans women inmates in men’s prisons, overturning a lower court’s ruling earlier this year.
The three-judge panel of the 9th Circuit Court of Appeals consisted exclusively of Donald Trump appointees. They voted unanimously to overturn an April ruling from U.S. Magistrate Judge Mark D. Clarke ordering the Oregon Department of Corrections to assume that trans women prisoners should be housed in women’s prisons, and then assess individual cases to confirm that placement, not the other way around.
When trans women are placed in men’s prisons we’re often placed with sexually violent men, specifically in the hopes of calming them down/tiring them out. Trans women in this situation are often punished, including with parole denial and/or solitary for resisting.
The federal court of appeals has decided to permit the state to be a further accessory to/coperpetrator of rape, particularly targeting a specific group. All three of these judges should be seen as personally complicit
The US is straight up in the middle of a trans genocide and most cis people hardly seem to be bothered by it. They want us dead and will stop at nothing to accomplish that. They won’t stop with us either.
I fled the US in 2025 because of the threat it posed to me as a trans latina immigrant. I cannot count the number of people who told me I was overreacting.
Here’s another fun link: https://www.lemkininstitute.com/red-flag-alerts/red-flag-alert---anti-trans-genocide-in-the-usa---%233
Oh my God …
Like you caught me off guard with the Wikipedia link and I expected the “This page is a stub” not enough references thing…
Nope this is a thing, it’s well documented and absolutely insane.
Yeah, I like to include the Wikipedia link when I talk about it specifically for that reason. It’s a bold claim and while it’s believable, it’s easy to imagine it’s something we only know about through stories and community knowledge. But no, this is a real, documented pattern of direct targeted harm done through an apparatus of state power. It takes this issue from one of theoretical harm to documented systems of harm.
Where trans women are in the prison system we need programs to protect us from such behaviors. In places where it isn’t politically or legally feasible to house us in women’s prisons we should at the bare minimum be kept from being forced to share a cell or other places of vulnerability (such as shared showers) with men.
We also need to combat the prevalence of prison rape in all cases and the sadism of prison guards. But those alone aren’t a replacement for targeted opposition to v-coding and the conditions that enable it.
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Good point, this should absolutely be considered. Why was it deleted?
Then segregate them until evidence can be obtained or until they can sufficiently transition.
This needs to go En Banc.
Go ahead and come here and try and enforce those laws, Republicans.
I will kill every last American cop before I let you drag my loved ones away.
You also get the same issue with trans men. We a had a local case where a trans man was convicted of a crime, and the local authorities decided to send him to a male prison, respecting his self-identification. He proceeded to immediatly challenge this through the courts for obvious reasons.
In this situation, it’s impossible to escape the drawbacks of your biology so long as prisons assume a dichotomy. And the vast majority of the population considers any criminal to be subhuman anyway, so asking them to acommodate a sub-percentage of what is already a tiny 0.1% of the population is impossible. They would sooner vote to just execute them to save themselves the hassle and expense.
This is an interesting and valid point. Should we just put everyone together, and treat any issues and fundamental problems that need fixing until it works?
Honestly. Yes.
Though the first change would be an overhaul of what incarceration actually does. Which is rehabilitation and not punishment.
Not to say serial killers should be put in gen pop, but that gen pop is more like a stricter kind of boarding school/employment program. Where people learn job skills and can actually get employment to live off of instead of being forced into crime again because now they are even more unemployable.
I’m so fucking tired
Congratulations, this is what happens when you let fascist pigs take power, non-voters.
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“Even as a left leaning person myself”
Yeah ok. Stfu loser
You talk this kind of shit because there’s a screen between you and the ass-kicking you deserve.
Do you know how many women have been raped in female prisons by men claiming to be trans at their trial?
Many, many fewer than have been raped by guards in those prisons. Those same guards that should be preventing the exact type of crime you’re describing.
This is a prison reform problem, not a “trans people exist” problem.
That was a really nice way to redirect the conversation on the root of the matter, instead of taking the surface-level culture war bait.
(I’m being sincere <3)
Edit: attempted to sound less sarcastic at first, after reading it over a few times. :)
“(I’m being sincere <3)”
I appreciate this tone indicator, because I initially read your comment as if you were taking a hostile stance, and that didn’t make sense.
Lol thank you very much!
I’m kinda worn out at the moment and usually I’m pretty decent with words but I just couldn’t figure out how to make that sentiment not sound sarcastic in the moment. 😂
Oh yeah, I think we’ve commented on each other a few times in the past. Good to see you again! Haha (wave)
Idiot.
Is the PDF of a letter from the head of a TERF organization intended to be convincing?
There is a stark difference between “men pretending to be women” and trans women; and vice-a-versa for trans men.
How so you tell the difference if there has been no surgery or anything?
Look at their history, their friends, family, coworkers and acquaintances
What? You mean treat them as real people and not pawns in a culture war? That’s crazy
Got any actual sources for those claims, sparky?
The judges are now known as toddlers who claim to be adults.
This court is unbelievably hateful.
Deliberately trying to get transwomen killed. Fascist state doing what it always does.
please don’t leave out the space in trans women. trans is an adjective that can apply to a woman like tall or cis or happy. ‘transwomen’ as one word implies a thing seperate from women, rather than a descriptor that applies to some women.
We now feel slightly less insane for all the times we’ve been the entity saying this. Thanks!
Focusing on the important part, nevermind the article or the subjugation and dehumanization going on. That’s small potatoes.
Two things can be true at once, and fighting for a just world means fighting battles on many fronts. If someone is outraged at the awful dehumanisation discussed in the article, then I would imagine that they’d be more likely to be receptive to a minor, polite correction in language. Better for that conversation to happen in a thread like this than in a more public context.
The 9th circuit is the most liberal in the US. There are many judges and three are selected randomly and based in availablity. This was bad luck for getting three trump appointees. The case will go back to the court en banc and the decision reversed.
One trump appointee is bad luck, two is a coincidence. Three appointees is on purpose.
There’s no on purpose. It was random and just bad luck.
Show receipts or you’re just making comments on the internet. The fact that you trust this government is find quite funny.
There is no point in engaging in conspiracy thinking. You can take a moment to read up on how this works, there are plenty of webpages out there that explain it.
I know you want to be able to point at the bad guys doing the bad things, but sometimes it isn’t that. Sometimes bad things happen just because that is how the system works. Remember that it is a legal system, not a justice system.
What % of judges on that court are trump appointees? Cube it and you’d get the chance of getting 3 of them.
I hope you’re right. This is unsettling otherwise.
Refusing to accept trans women as women but sentencing them with men who absolutely will rape them like they would any other women. We’re only women when it comes to raping us
Especially when the US practices v-coding
Thank you for linking this. Lately I’ve been trying to be more vocal about this topic (and sexual violence against trans people in general) because it’s become clear it’s really just not well known outside trans communities
I had no idea and it’s horrifying; paraphrasing: we allow them to rape the trans woman to reduce their violence against other inmates… Because the raped trans woman is not considered an inmate? Because raping is not violent? Or because a man with a black eye is worse than a woman with a black eye??
I think the idea is that people are less likely to try to kill someone they’ve been given free reign to rape than someone that pisses them off. And that trans women who’ve been hurt are less capable of attacking guards than cis men who’ve been hurt
That… Fuck, that kinda “explains” it… It also makes it even worse, the fact that “they will retaliate against us less” is part of the rationale, when the guards have all the power, is even more disgusting.
I had never heard of this… I wish I could go back in time a few minutes and stay a teeny bit more blissfully ignorant.
That’s fucking horrific
The fact that prisons are segregated at all is a tacit admission that abuse, assault, and other crimes between inmates are expected and tolerated.
I haven’t even questioned this before. It segregating on gender is just as ridiculous as segregating on height, color or religion etc.
It’s reality, what are you people talking about. Let’s just commingle violent male offenders with women because it’s the right thing to do. I see women choose the bear all the time, and you’re like “desegregate prisons!” Good idea.
No they’re not saying desegregate prisons, they’re saying that the assumptive requirement of prison desegregation points to how low the bar is for keeping prisoners safe.
Plenty of rape happens in male-only prisons and it doesn’t even make the news. A significant portion of society believes that the threat of prison rape is an acceptable part of the punishment.
It would make more sense to segregate based on the nature of the crime, keep the sex offenders in specialised institutions away from less serious crimes
It doesn’t make the news because literally everyone knows to the extent vulgar jokes about it like “don’t drop the soap,” are normalized.
It’s less about people knowing about the violence (and sexual violence especially) that happens in prisons, but rather there is a collective tacit acknowledgement that these things are okay — that the violence is effectively just part of the punishment of prison.
Which is a pretty fucked up stance, but because it’s the default, unspoken and unchallenged assumption, then of course we’re not going to hear about this stuff on the news.
I’d argue it’s mostly for much more practical reasons as having ONE shower and bathroom instead of at least two. And less staff. And simpler routines when every inmate is “the same”.
US prisons are aptly called ‘animal factories’.
Encouraged
Wow.
This is just… wow.
This is a graphic case in point on why it was so fucking infuriating and agonizing to watch the Democratic Party categorically fail to do literally fucking anything to try to prevent - let alone counterbalance - the judicial fuckery the GOP has been engaging in for fucking decades.
Obama had a supreme court seat stolen from him and just shrugged. These people are worse than useless.
I was fucking baffled at how they were like “waaaahhhhh they’re cheating 🥺” and then did… nothing.
Absolutely.
Fucking.
Nothing.
It showed me exactly how seriously the Democratic Party took the matter, and how unfit for the task and the situation they had become. That was more or less the moment I began seriously losing faith in the integrity of the government, as well as losing any faith at all that the Democratic Party would be willing to lift a single fucking finger to save the republic.
The 9th circuit usually leans liberal, but Trump appointed 11 of the 29 circuit judges and this case drew 3 of them.
Think its long past due for US to collapse. Fuck heads.
A collapse is likely to do nothing in regards to this specific practice, and would probably make it worse (how’s the former Soviet Union doing nowadays on trans rights?)
In the US, “court rules” usually means, finger pointed MAGAtard nods to its boss
stupid fucking assholes
I don’t think they should be put with either group
Lots of trans women don’t want or can’t get gender reassignment surgery and still present very feminine. That’s an awful way to set things up.
This creates new problems. Prisons are expensive to build and operate. Is a person’s desire to be viewed and treated as a gender other than the one provided by nature worth that cost?
Gender isn’t provided by nature.
How so? Could you point at a social behavior in another animal that you’d evaluate as arising from something other than nature? Not saying you’re wrong, just curious.
Sex is provided by nature, gender is a human-specific construct. Animals don’t have genders.
When people use the word “nature” in this context, it evokes (intentionally or otherwise) the dichotomy of nature vs. nurture, where nature tends to refer to innate traits that would exist regardless of upbringing or social experiences. From that lens, most social behaviours in animals would be better understood as being a result of “nurture”. An amusing example from my own life is that I used to have a dog that had spent its entire life around cats after being found as an extremely young puppy. The sounds he made when begging for attention were like nothing I had ever heard from a dog before, because he was trying to emulate the cat sounds.
I get why you’re confused though, because the line between nature and nurture is fuzzy at best. Indeed, this is why the scientific consensus on the matter is that rather than “nature vs. nurture”, it’s better to think of it as “nature via nurture”, where nature and nurture are constantly in dialogue with each other, and can’t really exist separate from each other. An example of “nature via nurture” might be if someone was genetically predisposed to be extremely tall, but they experienced significant malnourishment throughout their life — they probably wouldn’t end up being tall
