A federal judge has temporarily blocked the Trump administration’s decision to transfer a transgender woman, Maria Moe, from a women’s facility to a men’s prison and to cut off her access to gender-affirming care.
This ruling follows an executive order issued by former President Donald Trump, which restricted federal recognition of gender and barred spending federal funds on what the administration labeled “gender ideology.”
The temporary restraining order was issued on Sunday by U.S. District Judge George O’Toole, preventing the Federal Bureau of Prisons (BOP) from proceeding with the transfer and discontinuing Moe’s hormone therapy. The case has been sealed, and the order will remain in place as Judge O’Toole considers whether to issue a longer-lasting injunction. During a hearing in Boston on Thursday, O’Toole confirmed that Moe, identified in court filings by the pseudonym, is back in the general population of the women’s facility after prison officials had temporarily moved her to a “special housing unit.” Her hormone treatment is continuing, as affirmed by her lawyers.
O’Toole, appointed by former President Clinton, instructed the Bureau of Prisons not to change the inmate’s status until he decides whether to issue a more permanent ruling. Moe is challenging the Trump administration’s executive order, which declares the federal government recognizes only two sexes—male and female—and prohibits federal funds from being used for gender-affirming care for incarcerated transgender people. Signed on Trump’s first day back in office, the order directs the incoming attorney general to ensure compliance, including enforcing the restriction on housing transgender women in women’s prisons.
Moe’s case was filed by legal advocates at two LGBTQ rights organizations, including GLBTQ Legal Advocates & Defenders (GLAD), who confirmed the temporary restraining order after the case was unsealed. The court ruling ensures that Moe remains in the general population of a women’s facility and continues to receive the necessary medical care, as outlined in the order. Jennifer Levi, one of Moe’s attorneys at GLAD, expressed relief, stating, “It’s a relief her client ‘is staying put for now.’”
Moe’s legal team contends that transferring her to a men’s facility would subject her to “an extremely high risk of harassment, abuse, violence, and sexual assault,” considering she has never been housed in such an environment. They emphasized that her sex was previously listed as female in Bureau of Prisons records, and her transition treatment began when she was a teenager. The situation worsened when prison officials moved Moe to a special housing unit on January 25 as part of their preparations to comply with the executive order. She had limited contact with others for several days, according to her lawyers.
Moe’s attorneys argue that the executive order infringes on her constitutional rights, specifically violating due process under the Fifth Amendment by discriminating based on sex.
They also contend that moving her to a men’s facility violates the Eighth Amendment’s prohibition against cruel and unusual punishment. The legal team stresses that Moe, who has no history of violent behavior, would be at significant risk if she were transferred.
The case has sparked significant attention, as it represents a broader fight for transgender rights, particularly regarding access to healthcare and protection from discrimination in prison.
“The outcome of yesterday’s hearing was a huge relief to Maria Moe. She is back in the general population and receiving necessary medical care,” said Jennifer Levi.
“Trump’s Gender Ideology Executive Order is contrary to the health and safety of incarcerated people, undermines prison security for all, and protects no one. It’s part of a seemingly sustained attack on transgender people’s inclusion in civic life.”
Levi further emphasized the role of the judiciary in protecting the rights of marginalized groups, saying, “The Courts remain an important backstop. This is a great first step in the case.”
The U.S. Attorney’s Office in Boston declined to comment on the matter. According to Moe’s attorneys, after Trump signed the executive order, BOP officials informed Moe that she would be moved from a women’s prison to a men’s facility, where she would face severe risks of abuse. In addition to the threat of violence, Moe’s access to the hormone therapy she has used since adolescence to manage gender dysphoria was also under threat, as BOP officials had been preparing to stop her treatment.
This case highlights ongoing tensions between transgender rights advocates and the legal and political moves that seek to limit protections for transgender individuals. The legal teams representing Moe argue that the transfer and the changes to her medical care violate both her constitutional rights and basic human dignity.
