The Supreme Court declined to grant the Trump administration’s emergency request to pause a federal court order requiring the continued provision of gender-affirming care to transgender individuals incarcerated in the federal Bureau of Prisons. The brief order offered no reasoning, stating simply that the application for a stay was denied. Justices Clarence Thomas and Samuel Alito indicated they would have sided with the administration.
A federal district judge had blocked implementation of the BOP policy earlier this year, and the U.S. Court of Appeals for the District of Columbia Circuit subsequently rejected the administration’s request to overturn that order. The U.S. Solicitor General then asked the Supreme Court to intervene. According to the American Civil Liberties Union, which is representing transgender inmates in the case Kingdom v. Trump, more than 2,000 individuals in BOP custody identify as transgender, with approximately 800 of them currently receiving hormone therapy alongside other social transition accommodations.
The Trump administration argued in its filings that providing such care poses security risks and could make recipients targets for attacks from other inmates. The administration also contended that offering the treatment raises fairness concerns and could breed resentment among the general inmate population. However, the ACLU noted that the BOP has provided treatment for gender dysphoria since at least 1992 and questioned why the administration would not have documented harmful effects or security compromises if such problems existed.
Medical organizations recognize gender-affirming care, which can include hormone therapy and surgical interventions, as necessary treatment for gender dysphoria. Experts have noted that without access to such care, individuals may experience severe mental health consequences including heightened anxiety, depression, self-harm, and suicidal ideation. The Supreme Court’s decision to maintain the injunction contrasts with other recent rulings from the court that have supported the administration’s broader anti-transgender policy agenda.
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