Under a plan submitted last week by Republican Tom Cotton of Arkansas, a prisoner’s gender at birth, not their gender identification, would determine where they would be kept, Fox News informed.
The legislation came as an answer to the numerous reports that President Joe Biden is expected to sign an executive order requiring the Federal Bureau of Prisons to enable transgender prisoners to be housed in a facility that matches their gender identity.
The Women’s Liberation Front sued California in November over a policy that allows transgender offenders to be housed according to their gender identity.
According to the Los Angeles Times, one plaintiff claimed she was sexually attacked by an inmate who had been moved from a men’s prison.
Last April, Biden’s Justice Department sided with a transgender woman who claimed she had been sexually abused after being ordered to reside in a male prison.
The transgender woman filed a suit against the Georgia Department of Corrections.
According to The Advocate, the Department of Justice stated that jails have to provide secure accommodations for all inmates, including transgender ones, as mandated by the Eighth Amendment.
Cotton’s Preventing Violence Against Female Inmates Act would prohibit the Bureau of Prisons from utilizing gender identification for accommodation assignments and might result in state prisons losing federal law enforcement grant funding if they do so.
According to Cotton’s office, the bill would allow jails to hold transgender convicts in a separate facility.
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