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.

  • captainlezbian@lemmy.world
    link
    fedilink
    arrow-up
    13
    arrow-down
    1
    ·
    2 hours ago

    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

    https://en.wikipedia.org/wiki/V-coding

    • 𝕱𝖎𝖗𝖊𝖜𝖎𝖙𝖈𝖍@lemmy.world
      link
      fedilink
      arrow-up
      2
      ·
      edit-2
      13 minutes ago

      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

    • Dimantina@lemmy.world
      link
      fedilink
      arrow-up
      6
      ·
      1 hour ago

      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.

      • captainlezbian@lemmy.world
        link
        fedilink
        arrow-up
        1
        ·
        46 minutes ago

        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.

    • Tiral@lemmy.world
      link
      fedilink
      arrow-up
      1
      arrow-down
      2
      ·
      56 minutes ago

      And when you put “trans men” that decided they’re trans during their trial (which is quite a few) into a female prison, what do you think happens? I’m sure already being a felon they have the utmost respect and would never SA anyone.

  • BillCheddar@lemmy.world
    link
    fedilink
    arrow-up
    10
    ·
    3 hours ago

    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.

      • jve@lemmy.world
        link
        fedilink
        English
        arrow-up
        4
        ·
        3 hours ago

        Is the PDF of a letter from the head of a TERF organization intended to be convincing?

      • tmyakal@infosec.pub
        link
        fedilink
        arrow-up
        28
        arrow-down
        2
        ·
        8 hours ago

        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.

        • MonkeMischief@lemmy.today
          link
          fedilink
          arrow-up
          9
          ·
          edit-2
          2 hours ago

          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. :)

          • AnarchistArtificer@lemmy.world
            link
            fedilink
            English
            arrow-up
            8
            ·
            4 hours ago

            “(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.

            • MonkeMischief@lemmy.today
              link
              fedilink
              arrow-up
              1
              ·
              edit-2
              1 hour ago

              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)

  • Lucius Finkter@piefed.social
    link
    fedilink
    English
    arrow-up
    76
    arrow-down
    4
    ·
    1 day ago

    The fact that prisons are segregated at all is a tacit admission that abuse, assault, and other crimes between inmates are expected and tolerated.

    • Dyskolos@lemmy.zip
      link
      fedilink
      arrow-up
      4
      ·
      6 hours ago

      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”.

    • BiggestPiggest@lemmy.world
      link
      fedilink
      English
      arrow-up
      6
      ·
      9 hours ago

      I haven’t even questioned this before. It segregating on gender is just as ridiculous as segregating on height, color or religion etc.

      • Dozzi92@lemmy.world
        link
        fedilink
        arrow-up
        10
        arrow-down
        8
        ·
        8 hours ago

        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.

        • polymeter@lemmy.ml
          link
          fedilink
          arrow-up
          17
          ·
          7 hours ago

          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

          • Sordid_Seraphim@lemmy.zip
            link
            fedilink
            arrow-up
            2
            arrow-down
            1
            ·
            6 hours ago

            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.

            • AnarchistArtificer@lemmy.world
              link
              fedilink
              English
              arrow-up
              3
              ·
              4 hours ago

              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.

    • stoly@lemmy.world
      link
      fedilink
      arrow-up
      10
      arrow-down
      1
      ·
      17 hours ago

      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.

          • NocturnalMorning@lemmy.world
            link
            fedilink
            arrow-up
            3
            arrow-down
            6
            ·
            7 hours ago

            Show receipts or you’re just making comments on the internet. The fact that you trust this government is find quite funny.

            • Kairos@lemmy.today
              link
              fedilink
              arrow-up
              0
              ·
              4 hours ago

              What % of judges on that court are trump appointees? Cube it and you’d get the chance of getting 3 of them.

            • stoly@lemmy.world
              link
              fedilink
              arrow-up
              5
              arrow-down
              1
              ·
              7 hours ago

              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.

      • sunsoaked_lily@lemmy.zip
        link
        fedilink
        arrow-up
        29
        arrow-down
        14
        ·
        23 hours ago

        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.

        • NocturnalMorning@lemmy.world
          link
          fedilink
          arrow-up
          2
          arrow-down
          5
          ·
          7 hours ago

          Focusing on the important part, nevermind the article or the subjugation and dehumanization going on. That’s small potatoes.

          • AnarchistArtificer@lemmy.world
            link
            fedilink
            English
            arrow-up
            5
            arrow-down
            2
            ·
            4 hours ago

            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.

    • Blibly@lemmy.world
      link
      fedilink
      arrow-up
      63
      arrow-down
      5
      ·
      1 day ago

      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

  • gravitas_deficiency@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    62
    arrow-down
    3
    ·
    1 day ago

    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.

    • FE80@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      ·
      3 hours ago

      Obama had a supreme court seat stolen from him and just shrugged. These people are worse than useless.

      • gravitas_deficiency@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        2
        ·
        57 minutes ago

        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.

    • Zaktor@sopuli.xyz
      link
      fedilink
      English
      arrow-up
      21
      ·
      1 day ago

      The 9th circuit usually leans liberal, but Trump appointed 11 of the 29 circuit judges and this case drew 3 of them.

    • socphoenix@lemmy.world
      link
      fedilink
      arrow-up
      8
      arrow-down
      3
      ·
      22 hours ago

      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?)

      • ExLisper@lemmy.curiana.net
        link
        fedilink
        arrow-up
        4
        arrow-down
        3
        ·
        8 hours ago

        In Spanish it’s called “cambio de sexo”. What’s the correct translation? Google says it’s “sex change”.

        • bitjunkie@lemmy.world
          link
          fedilink
          arrow-up
          9
          ·
          8 hours ago

          Unsure, honestly. Gender and sex are distinct concepts in English. “Sex change” refers to the physical surgery.

          • ExLisper@lemmy.curiana.net
            link
            fedilink
            arrow-up
            4
            arrow-down
            1
            ·
            8 hours ago

            In documents (like in a passport) the field is called ‘Sex’ so when someone is changing it they are still “changing sex”, right? That’s what I would think, no idea thought.

    • ExLisper@lemmy.curiana.net
      link
      fedilink
      arrow-up
      3
      arrow-down
      5
      ·
      edit-2
      2 hours ago

      Just wanted to say something more about the report. So Zizzy reported me for “Pure blatant transphobia and misinformatio[n]”. My comment contains 3 facts. All are verifiably true:

      There were multiple cases of each.

      Now for some other facts:

      • Abusers avoid jail because the cases are handled by special Courts for Violence against Women. When the accused changes sex this court can no longer handle the case and no conviction can be handed out. This courts are a leftists policy supported by feminists

      • Positions reserved for women in public jobs like firefighters or police and lower physical requirements for women are also a leftist policy supported by feminists

      • The Ley Trans is a leftists policy supported by LGBT organizations

      So, according to Zizzy:

      Leftist policy + leftist policy + leftist policy = transphobia

      Let that sink in everyone. The reality created by leftists government in Spain went so far left that it went full circle and became transphobic. It’s so crazy that talking about it is misinformation.

      Funny world we live in…

      Edit: and now my comment was removed by mod. Because facts like that need to be censored, apparently.

      Rule 1. Reporting facts is not civil.

  • Jhex@lemmy.world
    link
    fedilink
    arrow-up
    20
    arrow-down
    3
    ·
    1 day ago

    In the US, “court rules” usually means, finger pointed MAGAtard nods to its boss

    • Duchess@piefed.linenoise.vip
      link
      fedilink
      English
      arrow-up
      9
      arrow-down
      3
      ·
      23 hours ago

      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.

    • 52fighters@lemmy.sdf.org
      link
      fedilink
      English
      arrow-up
      6
      arrow-down
      12
      ·
      21 hours ago

      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?

        • rautapekoni@sopuli.xyz
          link
          fedilink
          arrow-up
          7
          arrow-down
          1
          ·
          11 hours ago

          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.

          • AnarchistArtificer@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            ·
            4 hours ago

            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

  • Rentlar@lemmy.ca
    link
    fedilink
    arrow-up
    16
    arrow-down
    6
    ·
    1 day ago

    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
      link
      fedilink
      arrow-up
      41
      arrow-down
      2
      ·
      1 day ago

      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.

      • DarkwingDuck@sh.itjust.worksBanned
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        15
        ·
        7 hours ago

        She’s not a man

        According to whom?

        You don’t lose your gender status just because you broke the law

        But this is about sex, not gender. Gender is as relevant as hair color when you can “change” it on the fly.

              • DarkwingDuck@sh.itjust.worksBanned
                link
                fedilink
                English
                arrow-up
                1
                ·
                2 hours ago

                A phobia is a persistent, excessive, unrealistic fear of an object, person, animal, activity, or situation. It is a type of anxiety disorder. A person with a phobia either tries to avoid the thing that triggers the fear, or endures it with great anxiety and distress.

                • NotASharkInAManSuit@lemmy.world
                  link
                  fedilink
                  arrow-up
                  2
                  ·
                  2 hours ago

                  Those are subjective symptoms/experiences of a phobia, not the actual psychological concept of the phobia. Not everyone has the same phobic responses. There is also the option to learn about, understand, and move past a phobia. Give it a try.

            • TranscendentalEmpire@lemmy.today
              link
              fedilink
              arrow-up
              2
              ·
              3 hours ago

              No, you are just talented at displaying your lack of education, intellect, and common decency.

              Suffix

              -phobia (noun-forming suffix, uncountable)

              Used to form nouns meaning fear of a specific thing.
              
                  e.g. claustrophobia, chemophobia
              
              Used to form nouns meaning hate, dislike, or repression of a specific thing.
              
                  e.g. homophobia, xenophobia
              
        • TranscendentalEmpire@lemmy.today
          link
          fedilink
          arrow-up
          5
          ·
          6 hours ago

          According to whom?

          The individual.

          this is about sex, not gender.

          According to who?

          Gender is as relevant as hair color when you can “change” it on the fly.

          Gender is easier to define in a legal sense than sex is, especially since the law generally attempts to define sex as a binary when the actual biology is a lot more complicated.

          For example, if we utilize your framework, where would we put intersex people who have committed a crime?

          • DarkwingDuck@sh.itjust.worksBanned
            link
            fedilink
            English
            arrow-up
            1
            arrow-down
            7
            ·
            6 hours ago

            According to who?

            The court, obviously. Also, try to reason why prisons are segregated by sex in the first place. It’s the genitals that matter, not the presentation or self identification. If you got a dick and balls, you go to male prison.

            where would we put intersex people who have committed a crime

            In solitary 🤣 But really, you go according to your equipment. Dick&balls -> male prison.

            • TranscendentalEmpire@lemmy.today
              link
              fedilink
              arrow-up
              3
              ·
              edit-2
              6 hours ago

              The court, obviously.

              That’s not how the court determined its ruling. The judge even specified that

              Also, try to reason why prisons are segregated by sex in the first place. It’s the genitals that matter, not the presentation or self identification.

              You do realize bottom surgery exist right? There are also intersex people that are born with both male and female genitalia.

              In solitary

              Oh, so just do crimes against humanity because of how they were born? You didn’t answer the question. Which jail would they be sent to to serve their solitary confinement?

              where would we put intersex people who have committed a crime

              But really, you go according to your equipment. Dick&balls -> male prison.

              You might want to educate yourself about intersex conditions before developing and broadcasting your devastatingly ignorant opinions…

              • DarkwingDuck@sh.itjust.worksBanned
                link
                fedilink
                English
                arrow-up
                1
                arrow-down
                5
                ·
                edit-2
                5 hours ago

                Which jail would they be sent to to serve their solitary confinement?

                If it’s solitary, it shouldn’t matter. Pick one at random. However, the solitary quip was a joke.

                You do realize bottom surgery exist right?

                Yes. No dick&balls -> female prison.

                intersex conditions

                How many intersex prisoners are there? Ideally they’d have their own special prison just for them.

                • TranscendentalEmpire@lemmy.today
                  link
                  fedilink
                  arrow-up
                  3
                  ·
                  5 hours ago

                  So you moved your goal post from sex to purely being concerned about genitals?

                  Again, what about intersex people?

                  As I originally stated gender is easier to apply within the law than sex is.

                  What exactly is the basis of your argument? You do know that people can sexually abuse people regardless of their or their victims sexual anatomy.

      • Rentlar@lemmy.ca
        link
        fedilink
        arrow-up
        9
        ·
        edit-2
        1 day 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.