""It is undisputed in the record before the Court that this default presumption, and their overwhelming placement in men's prisons, has exposed transgender women inmates to a high risk of violence and sexual assault," U.S. Magistrate Judge Mark D. Clarke wrote in a 38-page opinion."
""The undisputed facts additionally show that ODOC has systemically failed to appropriately address this exposure," Judge Clarke stated regarding the conditions faced by trans women in men's prisons."
""It requires the state to start from a baseline of housing people consistent with their gender identity, while still allowing individualized, safety-based decisions," said attorney John Burgess."
A federal judge mandated that the Oregon Department of Corrections must house trans women prisoners in women's facilities by default, reversing the current practice of placing 90% in men's prisons. This change aims to protect trans women from violence and sexual assault, as the existing system has failed to address their safety. The judge's ruling includes a preliminary injunction for 90 days, requiring a status report on compliance. The plaintiffs' attorney emphasized the importance of aligning housing with gender identity while allowing for safety assessments.
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