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Court Rejects Women Inmates' Objections to California Law Related to Housing of "Transgender, Nonbinary, or Intersex" Inmates

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The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent Court Rejects Women Inmates' Objections to California Law Related to Housing of "Transgender, Nonbinary, or Intersex" Inmates The court's reasoning mostly turns on a conclusion that much of the prison behavior that plaintiffs complained about wasn't dictated by that particular law. From toda...
The strongest version of this narrative highlights legitimate concerns about the safety and rights of incarcerated women, particularly those with histories of trauma, when housed alongside transgender inmates. The plaintiffs' experiences—ranging from sexual assault to retaliation for pronoun use—deserve serious consideration, especially in the context of prison environments where vulnerability is heightened. The court's decision, however, reveals a critical distinction: the law itself does not m...