this post was submitted on 22 Sep 2026
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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.

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[–] Rentlar@lemmy.ca 10 points 1 week ago (1 children)

There do exist unique cases (in Canada) where I think it is justified to keep specific trans women out of female prisons, if a pattern of criminal sexual behvaiour towards women is established. I encourage you to read that article as yet another example of Canadian judges taking their job way more seriously than these nutcase Federalist Society judges. They appear to be out to make a point instead of studying the arguments, precedent in law and assessing the trial court's judgement on a legal and constitutional basis rather than a partisan one.

[–] Blibly@lemmy.world 42 points 1 week ago (2 children)

In that case you should still move that woman to a woman's prison and keep her isolated. She's not a man, she doesn't belong in a man's prison just because she's a sex offender. You don't lose your gender status just because you broke the law.

[–] Rentlar@lemmy.ca 9 points 1 week ago* (last edited 1 week ago)

As a general point the judge would agree with what you wrote.

“These reasons and judgment should not be viewed, however, as any kind of blanket determination that a transgender or gender-diverse inmate who is designated as a [dangerous offender] cannot be transferred to an institution that aligns with their gender identity, and that may happen eventually for Ms. Cooper. Each such case will depend on their unique circumstances.”

Just in this specific circumstance, and at this point in time, the judge assessed and ruled accordingly in this case. My focus of this comment is not to debate the case (your argument has merit) but to highlight the difference in care for the rights of both parties in a similar Canadian trial, though of course not everybody got what they wanted. In the American case, even the states' lawyers were scratching their heads with the unprompted bigotry coming from the judges out of left field.