A federal lawsuit has been filed by plaintiff Maria Moe in the U.S. District Court for the District of Massachusetts challenging portions of President Donald Trump’s executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
The lawsuit alleges that Sections 4(a) and 4(c) of the order violate Moe’s constitutional rights and federal law, arguing that they target transgender individuals by denying legal recognition, safe housing, and access to medically necessary healthcare.
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Issued on January 20, 2025, the executive order mandates that transgender women incarcerated in federal prisons be transferred to men’s facilities and bans federally funded healthcare treatments for gender dysphoria, including hormone therapy.
The plaintiff asserts that these “measures have already caused her harm and put her at significant risk of further injury.”
According to the lawsuit, 22-year-old Moe has been incarcerated in a women’s federal prison and diagnosed with gender dysphoria, a recognized medical condition requiring specialized care. Moe has lived as a woman since her teens and has consistently received hormone therapy during her incarceration.
However, after the executive order’s implementation, Moe was placed in a Special Housing Unit (SHU) pending transfer to a men’s facility. Her publicly available records have also been altered to classify her as “male.”
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The complaint, filed by civil rights organizations and legal advocates, raises multiple claims under the U.S. Constitution, the Rehabilitation Act of 1973, and the Administrative Procedure Act (APA). Key allegations include:
- Violation of the Fifth Amendment: The lawsuit argues that the executive order’s provisions discriminate against Moe based on her sex and transgender status, denying her equal protection under the law.
- Violation of the Eighth Amendment: The transfer to a men’s facility would place Moe at a significant risk of violence, sexual assault, and worsening gender dysphoria, constituting cruel and unusual punishment.
- Failure to Accommodate Under the Rehabilitation Act: The complaint alleges that housing Moe in a women’s facility and providing her with hormone therapy are reasonable accommodations for her disability, gender dysphoria, and that their denial violates federal disability rights laws.
- Arbitrary and Capricious Actions: The lawsuit claims that the executive order’s blanket policies lack individualized assessments, contradict federal regulations, and were enacted without following required legal procedures under the APA.
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Moe is represented by LGBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and Lowenstein Sandler LLP. The legal team seeks a declaratory judgment that the executive order violates Moe’s constitutional and statutory rights, as well as an injunction to halt its enforcement. The lawsuit also requests that Moe’s housing and medical treatment remain consistent with pre-executive order policies.
The lawsuit does not disclose why Moe is incarcerated.
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