Eve Hill, partner at Brown Goldstein & Levy, filed a lawsuit on behalf of three transgender women in Washington, D.C. challenging a federal Bureau of Prisons (BOP) policy directed by President Trump which would override constitutional and Prison Rape Elimination Act protections for transgender women, and would terminate all medical care for gender dysphoria for prisoners. As a result of the policy, stemming from a Jan. 20 Executive Order, the Bureau of Prisons had prepared to transfer BGL’s three clients from the women’s facilities where they are currently housed to men’s facilities, placing them under constant threat of abuse, assault and sexual assault by other inmates. Additionally, the Bureau of Prisons was preparing to cease their ongoing medical treatment.
A hearing has been scheduled in the U.S. District Court for the District of Columbia for February 4 at 10 a.m.
Eve filed this lawsuit alongside attorneys from Rosen Bien Galvan and Grunfeld, as well as advocates from the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), in the U.S. District Court for the District of Columbia. The lawsuit alleges that the BOP’s planned actions under Executive Order violate the Rehabilitation Act, which prohibits discrimination and requires accommodations for disabilities such as gender dysphoria and the Administrative Procedure Act, both because they are “arbitrary and capacious,” and because they conflict with a Prison Rape Elimination Act regulation requiring prison officials to make housing determinations based on an individualized assessment of safety and security.
The lawsuit also alleges that the Executive Order directives are unconstitutional, because they violate the Equal Protection Clause by discriminating based on a person’s sex and transgender status. Finally, it alleges that the directives violate the Eighth Amendment’s prohibition of cruel and unusual punishment. In a request to keep the temporary restraining order filed under seal, the lawyers wrote, “They bring this action to challenge their imminent transfer from the women’s correctional facilities where they are currently housed to men’s correctional facilities, and the denial of the medical care necessary to treat their gender dysphoria.”
This case follows another case filed by GLAD and NCLR in Massachusetts, in which a federal court in Massachusetts blocked the transfer of a transgender woman to the men’s facility. Both Eve’s case and the Massachusetts case were discussed in recent articles by LawDork and WUSA9.
In January 31 blog post, Eve wrote, “In targeting gender dysphoria, the Trump administration puts at risk the protections relied on by countless people with disabilities every day. We must fight to resist any and all attempts to undermine the ADA and ensure that all people—regardless of gender identity or disability status—are treated with dignity, respect, and fairness.” Read Eve’s full post here.
BGL is committed to fighting to make sure that LGBTQIA+ people are protected from discrimination of all kinds. We draw on decades of experience in civil rights cases to provide representation. We represent LGBTQ+ clients in all areas of the law including employment, family, insurance coverage, and criminal defense. We have pursued cases on behalf of students whose schools censor LGBTQ+ content and on behalf of employees whose employers refuse to extend health insurance coverage to their same-sex spouses. We are also proud to partner with other organizations to advocate for LGBTQ+ equality in the law and to shape policy. Learn more about our LGBTQ+ rights practice here.
ABOUT EVE HILL
Eve Hill is one of the nation’s leading civil rights lawyers, known especially for her work with clients with disabilities and LGBTQ+ clients. She has been recognized by Law360 as one of just 12 “Titans of the Plaintiffs’ Bar” for 2023, as well as by Lawdragon as one of the 500 Leading Lawyers in America (2022 and 2023). Her wide-ranging experience complements Brown Goldstein & Levy’s decades of dedication to high-impact disability rights cases and its advocacy on behalf of individuals with disabilities and their families. Eve chairs the Board of Trustees for the Judge David L. Bazelon Center for Mental Health Law, a national legal advocacy organization advancing and protecting the civil rights of adults and children with mental illness. Eve also leads Inclusivity, BGL’s Strategic Consulting Group, which works with organizations to promote the education, engagement, and employment of people with disabilities. Learn more about Eve here.
ABOUT BROWN GOLDSTEIN & LEVY
Founded in 1982, Brown Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.
PLEASE FIND MEDIA COVERAGE BELOW
Court blocked trans woman’s prison transfer, as second lawsuit filed for other trans women. |
LawDork (January 31, 2025)
Transgender inmates sue to block Trump order that would force move to men’s prison | WUSA9 (January 31, 2025)
