Federal judge considers Bureau of Prisons policy on hormone treatments for inmates

A federal judge on Wednesday considered whether the Bureau of Prisons can implement a policy that phases out taxpayer-funded hormone drugs for federal inmates diagnosed with gender dysphoria. The hearing addressed a class-action lawsuit challenging an executive order directing federal agencies to stop spending taxpayer funds on surgeries and drugs intended to help prisoners conform to the opposite sex.

The judge temporarily renewed an existing injunction blocking portions of the order while considering an updated preliminary injunction.

Background of the policy The Bureau of Prisons policy bars sex reassignment surgeries and social accommodations. It generally requires inmates currently receiving cross-sex hormones to taper off treatment over time. Officials stated the policy followed a review of medical studies, prison-security concerns, and debates surrounding gender dysphoria treatment.

The filing said prison officials concluded that psychotherapy, trauma treatment, and psychotropic medications were safer and more appropriate approaches in the prison setting.

Arguments presented A Justice Department attorney argued the policy is not a categorical ban because inmates receive individualized tapering plans and case-by-case review. The attorney said inmates must bring individualized claims rather than attempt to block the policy through a class-action suit.

An attorney representing the class of transgender inmates argued the policy is effectively a blanket ban because every inmate receiving hormone therapy is still expected to stop treatment eventually. The attorney said the individualized tapering plans merely manage withdrawal symptoms rather than allow doctors to determine whether hormone therapy remains medically necessary.

Scope of the litigation There are around 600 inmates across federal prisons who have been diagnosed with gender dysphoria, according to federal prison data. The class includes violent offenders and gang members seeking continued access to taxpayer-funded hormone drugs and transgender accommodations.

The hearing arrives days after the judge renewed an injunction blocking the administration from transferring biological men who identify as women into men's prisons. At the close of Wednesday's hearing, the judge said a decision would be issued promptly.