U.S. Attorney General Merrick Garland

AG Garland Says Decisions To Put Men In Women’s Prisons Should Be On “Individualized Basis”

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Attorney General Merrick Garland

Attorney General Merrick Garland refused to give a definitive answer on if he believed biological male prisoners who identify as transgender posed a risk to female inmates.

Republican South Carolina Sen. Lindsey Graham asked Garland whether males posed a risk to females when placed in women’s prisons during a Senate Judiciary Committee meeting Wednesday.

Garland commented vaguely about prisoners’ dignity while declining to answer the question directly. Garland acknowledged that the Bureau of Prisons allowed some transgender-identified male prisoners to be housed with women and said those determinations were made individually. 

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“Are you concerned that if a biological male is sent to a female prison, that could be a risk to female prisoners?” Graham asked.

“I think every person in prison has to be dealt with dignity and respect, that determinations of the safety questions you’re talking about have to be made on an individualized basis, and not categorically,” Garland answered.

According to Graham, there are 1,200 requests from male prisoners to be sent to female prisons; Garland said he was unaware of this fact. Garland also said transgender people’s requests for placement were made based on the security of the individual in question and the prison’s management.

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Most U.S. states do not explicitly ban males from female prisons, several states have official policies allowing inmates to be housed in a prison that matches their gender identity.

Thirty-five states consider transgender inmates’ requests to be housed according to gender identity on a “case-by-case basis,” factoring in health, safety, and security, according to Transgender Law Center data cited by NPR and the outlet’s reporting.

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