Tuesday, November 30, 2021

California lawsuit: Law allowing transgender inmates to choose housing based on gender identity is unconstitutional

Suit takes aim at law that lets transgender inmates choose housing based on gender identity

A California law that gives transgender, nonbinary and intersex inmates at state prisons the right to be housed at either men’s or women’s facilities is under fire in a lawsuit filed last week.

The Women’s Liberation Front, which also opposes transgender female athletes’ participation in girls’ and women’s sports, filed the lawsuit in federal court alleging that Senate Bill 132, signed by Gov. Gavin Newsom in 2020, is unconstitutional and creates an unsafe environment for women in female facilities.

. . .

“The foundational basis of our lawsuit is that these are male offenders being housed in women’s prisons,” said Lauren Adams, legal director for the Women’s Liberation Front. “To pretend that they are female, in language or what we say about them or how we talk about them, goes against the whole basis of the lawsuit.”

Transgender and LGBTQ+ advocates slammed the suit as baseless and damaging.

. . .

A 2007 UC Irvine study found that the rate of sexual assault was 13% higher for transgender inmates.

Samuel Garrett-Pate, a spokesperson for LGBTQ+ advocacy group Equality California, said he expects Atty. Gen. Rob Bonta to defend SB 132.

https://lawprofessors.typepad.com/gender_law/2021/11/california-lawsuit-law-allowing-transgender-inmates-to-choose-housing-based-on-gender-identity-is-un.html

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