DOJ Investigation of Transgender Inmate Housing in California Faces Legal Pushback

Legal observers say a Department of Justice investigation targeting transgender women inmates in California prisons continues a pattern of intimidation by the Trump administration.

The Justice Department stated it will determine if what it refers to as “biological male” inmates are given preferential housing in women's facilities in violation of women inmates' constitutional rights.

Shawn Meerkamper, managing attorney at the Transgender Law Center, noted that the overwhelming majority of trans women are still incarcerated in men's facilities, where they face a heightened risk of violence.

Meerkamper argued that when the state takes away someone’s freedom, it has a constitutional duty to keep those people safe. They contended that this does not mean sacrificing one group’s safety for another's.

There are currently about 10 transgender women out of more than 1,500 inmates at the Central California Women’s Facility, which is included in the federal probe. A 2020 state law gives transgender inmates the right to be housed according to their gender identity.

While the Women’s Liberation Front has sued to overturn the law, the case was dismissed by a federal court. Activists for "single-sex spaces" say they welcome the federal investigation in both California and Maine.

Meerkamper believes federal officials are citing the same radical legal theories presented by the women’s group, which they projected are unlikely to succeed in California federal courts.

Advocates are highlighting the real dangers to incarcerated trans women in men’s facilities as part of Sexual Assault Awareness Month. Meerkamper stressed the state could help by reducing prison populations and addressing a backlog of housing requests.

References: REPORT

By Kathryn Carley - Producer Public News Service

Apr 27, 2026

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