Conflicting federal court rulings have prompted the Department of Justice to establish a segregated unit for male inmates at Federal Medical Center (FMC) Carswell, a women’s prison in Fort Worth, Texas, as legal battles continue over the placement of transgender-identifying inmates in federal facilities.

The core dispute centers on whether male inmates who identify as female should be housed with women or kept separate, with federal judges issuing opposing orders that have left the Bureau of Prisons (BOP) with few options.

The issue reflects a broader national debate over prison housing policies for transgender inmates, which intensified during the Biden administration when the BOP allowed male inmates identifying as female to be placed in women’s prisons. The policy was challenged by both female inmates and male inmates seeking integration, resulting in a series of lawsuits and court interventions.

Dueling Court Orders

One federal judge, Royce Lamberth of the D.C. District Court, issued an injunction in Jane Doe v. Blanche (also referred to as Doe v. McHenry), blocking an executive order that would have transferred 14 male inmates from women’s prisons back to male facilities. Judge Lamberth’s order stated that the injunction "does not, at this juncture, require that Plaintiffs be housed alongside cisgender female inmates or share common spaces."

At the same time, Texas federal judge Sidney Fitzwater, presiding over Fleming v. Warden T. Rule, granted a protective order after FMC Carswell inmate Rhonda Fleming argued that the presence of male inmates in the general population violated the privacy and safety of female inmates. Judge Fitzwater’s order required the BOP to house male inmates on a separate floor, barring them from interacting with women in shared spaces.

"It is being described as a ‘men’s prison within a women’s federal prison,’"

— Rhonda Fleming, FMC Carswell inmate

Implementation at FMC Carswell

The BOP responded by moving all male inmates who identify as female to FMC Carswell, creating a sex-segregated unit within the facility. According to court filings, there were more than 20 male inmates at Carswell at the time, some convicted of violent crimes against women and children. Female inmates and advocates reported incidents of intimidation and harassment in shared spaces prior to the segregation order.

Elspeth Cypher, former Massachusetts Supreme Court Justice and president of the Women’s Liberation Front, told The Federalist that male inmates were initially allowed in common areas with women, but after complaints and reported harassment, their recreation and cafeteria times were also separated.

While Fleming and other female inmates who raised concerns were transferred to other prisons, the consolidation of male inmates at Carswell has drawn criticism from both sides. Female inmates argue that the policy does not fully resolve their safety and privacy concerns, while male inmates and their attorneys contend that segregation exacerbates gender dysphoria and mental health issues.

Attorneys for the male inmates, including the National Center for LGBTQ Rights and GLBTQ Legal Advocates and Defenders, filed an emergency motion seeking to overturn the segregation order and enforce Judge Lamberth’s earlier ruling. The motion argued that the segregated unit is causing "severe and escalating harm" to the plaintiffs, including mental health deterioration and resurgent gender dysphoria.

Cypher noted that male inmates previously complained of abuse in male prisons and now object to being separated from women at Carswell. Amie Ichikawa, founder of WomanIIWoman, a nonprofit supporting women re-entering society, was quoted as saying, "Women are not support animals."

The BOP’s policy of transferring all male inmates who identify as female to a single facility is described by some as a temporary measure while the courts resolve the underlying legal conflict. There are additional court orders, including those from Judge Lamberth, that ensure continued access to hormone replacement therapy for these inmates.

The Justice Department has not publicly addressed the long-term plan for housing transgender-identifying inmates as the legal challenges continue. The next steps will depend on further court rulings and potential policy changes by the BOP.