President Donald Trump signed an executive order on Monday that prohibits biological males—who comprise 15% of inmates in federal women’s prisons—from being housed in female detention facilities.
The order also bans the use of federal funds for gender transition procedures, medications, and treatments.
It further mandates that the federal government recognize only two sexes, male and female, and requires the Federal Bureau of Prisons (BOP) to house inmates according to their biological sex.
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“The Attorney General and Secretary of Homeland Security shall ensure that males are not detained in women’s prisons or housed in women’s detention centers, including through amendment, as necessary, of Part 115.41 of title 28, Code of Federal Regulations and interpretation guidance regarding the Americans with Disabilities Act,” Trump’s order reads.
According to BOP data, out of the 10,047 inmates in federal women’s prisons, 1,538 are biological males.
Trump’s order also stops taxpayer dollars from being used for ‘gender-affirming’ care in federal prisons.
“The Attorney General shall ensure that the Bureau of Prisons revises its policies concerning medical care to be consistent with this order, and shall ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex,” the order reads.
The order also overturned previous policies that allowed biological males to be housed in domestic violence shelters designated for women. It mandates that all government-issued identification reflect an individual’s biological sex, effectively eliminating the use of non-binary gender markers such as “X” on official documents.
The Independent Women’s Forum, a conservative advocacy group, hailed the order, calling it an end to the “blatant unfairness” of permitting biological men into spaces designated for women.
Conversely, the American Civil Liberties Union (ACLU) strongly condemned the move, arguing it was an attempt to “erase transgender individuals under federal law.”
Several pro-LGBTQ+ organizations, including Lambda Legal, have signaled plans to challenge the executive order in court, arguing it violates constitutional protections and existing anti-discrimination laws.
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The issue of biological males in women’s prisons has been a point of significant debate in recent years. Republican Texas Sen. Ted Cruz previously criticized Magistrate Judge Sarah Netburn for allowing a biological male, who was a convicted serial child rapist, to be housed in a women’s facility, accusing her of “prioritizing political ideology over the safety of inmates.”
Several high-profile incidents have also fueled the controversy. In 2022, a biological male housed at Rikers Island in New York City was convicted of raping a female inmate. A similar case in 2024 saw another biological male convicted of sexual assault in a California women’s prison.
While the executive order is now in effect, it remains unclear when and how the process of transferring biological males out of female prison facilities will commence. Federal agencies are expected to begin developing plans for compliance with the order in the coming weeks.
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Critics of the order argue that it may face legal obstacles, while supporters believe it is a necessary step to protect the integrity of women’s spaces and ensure the safety of female inmates.
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