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Court rules trans women can be housed in men’s prisons & calls them men “who claim to be female” (www.lgbtqnation.com)

submitted 4 days ago by TRAHR@quokk.au to c/news@lemmy.world

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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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[-] captainlezbian@lemmy.world 41 points 3 days ago* (last edited 3 days 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

[-] Dimantina@lemmy.world 20 points 3 days 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 11 points 3 days 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.

[-] Witchfire@lemmy.world 14 points 3 days ago* (last edited 2 days 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 immediately after Trump got elected 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

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[-] chronicledmonocle@lemmy.world 2 points 2 days ago

I knew this was a problem, but I wasn't aware of the term V-coding before or the absolutely insane fucking level this shit happens. Absolutely sickening.

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[-] theuniqueone@lemmy.dbzer0.com 160 points 4 days ago

This court is unbelievably hateful.

[-] UnderpantsWeevil@lemmy.world 85 points 4 days ago

Deliberately trying to get transwomen killed. Fascist state doing what it always does.

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[-] Blibly@lemmy.world 67 points 4 days 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

[-] TRAHR@quokk.au 44 points 4 days ago

Especially when the US practices v-coding

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

[-] girsaysdoom@sh.itjust.works 12 points 3 days ago

That's fucking horrific

[-] Dentzy@sh.itjust.works 9 points 3 days ago

I had no idea and it's horrifying; paraphrasing: we allow them to rape the trans woman to reduce their violence against other inmates... Because the raped trans woman is not considered an inmate? Because raping is not violent? Or because a man with a black eye is worse than a woman with a black eye??

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[-] wide_eyed_stupid@lemmy.world 10 points 3 days ago

I had never heard of this.. I wish I could go back in time a few minutes and stay a teeny bit more blissfully ignorant.

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[-] stoly@lemmy.world 12 points 4 days 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 8 points 3 days ago

One trump appointee is bad luck, two is a coincidence. Three appointees is on purpose.

[-] stoly@lemmy.world 7 points 3 days ago

There's no on purpose. It was random and just bad luck.

[-] dreadbeef@lemmy.dbzer0.com 2 points 2 days ago* (last edited 2 days ago)

Exactly. Nothing could have prevented this. All we can do is vote and pray.

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[-] Wataba@sh.itjust.works 44 points 3 days ago

Congratulations, this is what happens when you let fascist pigs take power, non-voters.

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[-] Cytobit@piefed.social 78 points 4 days 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.

[-] BiggestPiggest@lemmy.world 9 points 3 days ago

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

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[-] crimson_iris@piefed.social 13 points 4 days ago

US prisons are aptly called 'animal factories'.

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[-] ScarlettStunningSpace@lemmy.blahaj.zone 17 points 3 days ago

I'm so fucking tired

[-] BillCheddar@lemmy.world 14 points 3 days 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.

[-] gravitas_deficiency@sh.itjust.works 64 points 4 days ago* (last edited 4 days 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 11 points 3 days ago

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

[-] gravitas_deficiency@sh.itjust.works 6 points 3 days 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 25 points 4 days ago

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

[-] Sanctus@anarchist.nexus 54 points 4 days ago

Think its long past due for US to collapse. Fuck heads.

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[-] Aeder@lemmy.world 6 points 3 days ago* (last edited 3 days ago)

You also get the same issue with trans men. We a had a local case where a trans man was convicted of a crime, and the local authorities decided to send him to a male prison, respecting his self-identification. He proceeded to immediatly challenge this through the courts for obvious reasons.

In this situation, it's impossible to escape the drawbacks of your biology so long as prisons assume a dichotomy. And the vast majority of the population considers any criminal to be subhuman anyway, so asking them to acommodate a sub-percentage of what is already a tiny 0.1% of the population is impossible. They would sooner vote to just execute them to save themselves the hassle and expense.

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this post was submitted on 22 Sep 2026

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