The Justice Department opened a third federal civil rights investigation Tuesday into a state housing transgender women assigned male at birth in women’s prisons, this time targeting Washington state over allegations that female inmates were exposed to sexual violence and intimidation at a women’s correctional facility near Tacoma.
In a letter sent to Gov. Bob Ferguson (D), the DOJ announced it would investigate whether the Washington Corrections Center for Women in Gig Harbor engaged in a “pattern or practice” of violating the constitutional rights of female inmates by housing transgender in the facility.
The inquiry marks the latest escalation in the Trump administration’s nationwide push against transgender prison housing policies. In March, the DOJ launched similar investigations into California and Maine under the Civil Rights of Institutionalized Persons Act, arguing that certain state policies may violate the Eighth Amendment’s protections against cruel and unusual punishment.
“Under my leadership, the Civil Rights Division will not allow women incarcerated in jails or prisons to be subject to unconstitutional risks of harm from male inmates,” said Harmeet Dhillon, assistant attorney general for the Civil Rights Division. “The constitutional rights of women cannot be sacrificed at the altar of appeasing unsupported and dangerous ideologies.”
Interim U.S. Attorney Neil Floyd said Washington “must protect women inmates from the inherent dangers of incarcerating them with biological men.”
Investigators will examine allegations involving sexual assault, rape, voyeurism, sexual intimidation, and broader safety concerns tied to the state’s housing practices at the prison, according to a DOJ press release.
“If we ultimately determine that there are no constitutional violations present at this facility, we will notify you that we are closing the investigation,” Dhillon wrote in the letter to the governor. “If we determine that there are systemic violations, we will inform you of our findings and attempt to work with the State to remedy those violations.”
The investigation comes as the Trump administration continues defending President Donald Trump’s executive order signed on his first day in office last year, which directed the federal Bureau of Prisons to remove biological men from female federal prisons and halt federal funding for gender transition-related medical procedures and drugs for inmates.
The order immediately triggered a series of constitutional challenges from civil rights groups, including lawsuits arguing that transferring transgender women assigned male at birth to male prisons exposes them to a heightened risk of abuse in violation of the Eighth Amendment. Other litigation has focused on the administration’s rollback of hormone therapy and gender dysphoria treatment for federal prisoners.
Federal courts have recently begun siding with the administration on prison transfer policies, allowing the Bureau of Prisons to move forward with transferring transgender women assigned male at birth into male facilities while broader litigation continues, according to a D.C. federal appeals court decision last month.
The Washington investigation also follows a recent lawsuit filed by the America First Policy Institute against the state by a female inmate who alleged she was physically assaulted by a transgender prisoner at the Gig Harbor facility.
Tacoma has also seen another disturbing incident that could have implications for the DOJ’s investigation, after a 25-year-old transgender woman assigned male at birth defendant was charged with first-degree rape of a child and sexual exploitation of an infant girl in March. William “Isabelle” Kelso Flournoy IV, 25, was formerly part of a youth-focused board working on Pierce County homelessness and housing instability, according to The News Tribune.
DOJ INVESTIGATES CALIFORNIA POLICY OF PLACING BIOLOGICAL MEN IN WOMEN’S PRISONS
Washington’s Department of Corrections currently allows transgender inmates to request placement in gender-affirming housing following individualized assessments conducted under standards tied to the federal Prison Rape Elimination Act.
“DOC was notified of the investigation this morning,” Washington Department of Corrections spokesperson Chris Wright wrote in a statement. “We are reviewing the letter from the Department of Justice and plan to cooperate with federal investigators. We are currently defending litigation on both sides of the policy, by the ACLU and the Foundation Against Intolerance and Racism. DOC remains committed to upholding the rights and providing a safe environment for all incarcerated individuals in our custody.”