National
NYC Mayor Bloomberg: ‘The time has come’ for marriage equality
Mayor Michael Bloomberg of New York City weighs in on the debate over a same-sex marriage equality bill in the New York state senate in a speech urging lawmakers to pass the bill, today.
The Mayor of New York City, Michael Bloomberg, today delivered an address calling for the swift passage of the marriage equality bill that would allow same-sex couples marry in the state of New York.
The New York state senate defeated the 2009 bill after a very eventful legislative session saw shifts in party control of the Senate, changes in leadership, and more. In the end, the bill–which advocates had high hopes of passing earlier in the legislative session–was voted down 38-24. The defeat of that bill led to leadership shake-ups in that state’s LGBT advocacy community, and generated controversy and commentary across the country, with pundits in the gay media speculating ‘what went wrong,’ for months.
With a new Governor in place in the state, and some new faces in the Senate, LGBT advocates are expecting to fare much better this time around. The mayor of America’s largest city now lends his hand in attempting to sway what promises to be very capricious legislative debate.
The text of the speech, as released by the Governor’s office, follows.
MAYOR BLOOMBERG DELIVERS MAJOR ADDRESS ON URGENT NEED FOR MARRIAGE EQUALITY
The following are Mayor Michael R. Bloomberg’s remarks as prepared for delivery at the Cooper Union for the Advancement of Science and Art. Please check against delivery.
“I want to thank Rachel and our hosts here at The Cooper Union for the Advancement of Science and Art.
“I think it’s fair to say that no institute of higher learning has had a more profound impact on the course of American history than Cooper Union. By opening the doors of its Great Hall to Abraham Lincoln, Frederick Douglass, Susan B. Anthony, Elizabeth Cady Stanton and so many other pioneering leaders, and by hosting the founding of the NAACP, Cooper Union has helped push American freedom ever higher, and ever wider.
“Today, we gather in this innovative and striking new academic building – a symbol of how Cooper Union has always looked forward and always championed progress. We gather – in the tradition of those who came before us – to discuss a momentous question before our nation and our great State of New York: Should government permit men and women of the same sex to marry?
“It is a question that cuts to the core of who we are as a country – and as a city. It is a question that deserves to be answered here in New York – which was the birthplace of the gay rights movement, more than 40 years ago. And it is a question that requires us to step back from the platitudes and partisanship of the everyday political debate and consider the principles that must lead us forward.
“The principles that have guided our nation since its founding – freedom, liberty, equality – are the principles that have animated generations of Americans to expand opportunity to an ever wider circle of our citizenry. At our founding, African-Americans were held in bondage. Catholics in New York could not hold office. Those without property could not vote. Women could not vote or hold office. And homosexuality was, in some places, a crime punishable by death.
“One by one, over many long years, the legal prohibitions to freedom and equality were overcome: Some on the battlefield, some at the State House and some in the courthouse. Throughout our history, each and every generation has expanded upon the freedoms won by their parents and grandparents. Each and every generation has removed some barrier to full participation in the American dream. Each and every generation has helped our country take another step on the road to a more perfect union for all our citizens. That is the arc of American history. That is the march of freedom. That is the journey that we must never stop traveling. And that is the reason we are here today.
“The next great barrier standing before our generation is the prohibition on marriage for same-sex couples. The question is: Why now? And why New York? I believe both answers start at the Stonewall Inn. When the Village erupted in protest 42 years ago next month, New York – and every other state in the union, save one – still had laws on the books that made same-sex relationships a crime. A couple could go to prison for years, just for being intimate in the privacy of their own home. For men and women of that era, an era many of us remember well, being in a gay relationship meant living in fear:
“Fear of police harassment.
“Fear of public humiliation
“Fear of workplace discrimination.
“Fear of physical violence.
“Today, in some places, those fears still linger. But as a nation, we have come a long way since Stonewall. Today, two women in a committed relationship – who years ago would have hidden their relationship from family and friends – will instead take part in a wedding ceremony in front of their family and friends. Today, two men who are long-time partners – who years ago would never even have entertained the idea – will adopt a child and begin a family.
“Both events are possible because thousands of courageous individuals risked everything to come out and speak out. And because they did – because they organized and protested, because they poured their hearts out to friends and family and neighbors, because they stood up for their rights and marched for equality and ran for office – laws banning same-sex relationships have been struck down by the Supreme Court. More than 20 states have adopted laws that prohibit discrimination based on sexual orientation. And beginning this year, patriotic men and women will be able to enlist in the U.S. military without having to hide their identity.
“We owe all of those pioneers a deep debt of gratitude. And although the work is far from over, there is no doubt that we have passed the tipping point.
“Today, a majority of Americans support marriage equality – and young people increasingly view marriage equality in much the same way as young people in the 1960s viewed civil rights. Eventually, as happened with civil rights for African-Americans, they will be a majority of voters. And they will pass laws that reflect their values and elect presidents who personify them.
“It is not a matter of if – but when.
“And the question for every New York State lawmaker is: Do you want to be remembered as a leader on civil rights? Or an obstructionist? On matters of freedom and equality, history has not remembered obstructionists kindly.
“Not on abolition.
“Not on women’s suffrage.
“Not on workers’ rights.
“Not on civil rights.
“And it will be no different on marriage rights.
“So the question really is: So, why now? Because this is our time to stand up for equality. This is our time to conquer the next frontier of freedom. This is our time to be as bold and brave as the pioneers who came before us. And this is our time to lead the American journey forward.
“It’s fitting that the gay rights movement began in our City, because New Yorkers have always been at the forefront of movements to expand American freedoms – and guarantee American liberties. Long before our founding fathers wisely decided to separate church from state, leading citizens of our City petitioned their colonial rulers for religious freedom. Long before Lincoln signed the Emancipation Proclamation, many New Yorkers – including the founder of this college, Peter Cooper – crusaded against slavery. Long before the nation adopted the 19th Amendment, New Yorkers helped lead the movement for women’s suffrage. And long before the Civil Rights Act of 1964, New Yorkers played a pivotal role in advancing a color-blind society.
“So why should New York now lead on marriage equality? Because we have always led the charge for freedom – and we have always led by example. No place in the world is more committed to freedom of expression – religious, artistic, political, social, personal – than New York City. And no place in the world is more welcoming of all people, no matter what their ethnicity or orientation.
“That has always been what sets us apart. In our city, there is no shame in being true to yourself. There is only pride. We take you as you are – and we let you be who you wish to be. That is the essence of New York City!
“That is what makes us a safe haven for people of every background and orientation… and a magnet for talented and creative people. It’s the reason why we are the economic engine for the country and the greatest city in the world.
“But it’s up to us to keep it that way. As other states recognize the rights of same-sex couples to marry, we cannot stand by and watch. To do so would be to betray our civic values and history – and it would harm our competitive edge in the global economy. This is an issue of democratic principles – but make no mistake, it carries economic consequences.
“We are the freest city in the freest country in the world – but freedom is not frozen in time. And if we are to remain the freest city, with the most dynamic and innovative economy, we must lead on this issue – just as we have on so many other matters of fundamental civil rights.
“In talking to State legislators who do not yet support marriage equality, I can sense that many of them are searching their souls for answers – and they are torn. Like all of us, they have friends and family and colleagues who are gay and lesbian. They know gay and lesbian couples who are deeply in love with each other – many of whom are loving and devoted parents, too. They know those couples yearn to be seen and treated as equal to all other couples. And they often hear from their own families – especially their children – that this is a civil rights issue. I hope they listen to their kids carefully and make them proud with their foresight and courage.
“Now, I understand the desire by some to seek guidance from their religious teachings. But this is not a religious issue. It is a civil issue. And that is why, under the bill proposed in Albany, no church or synagogue or mosque would be required to perform or sanction a same-sex wedding – as is the case in every state that has legalized marriage equality.
“Some faith communities would perform them; others would not. That is their right. I have enormous respect for religious leaders on both sides of the issue, but government has no business taking sides in these debates – none!
“As private individuals, we may be part of a faith community that forbids divorce or birth control or alcohol. But as public citizens, we do not impose those prohibitions on society. We may place our personal faith in the Torah, or the New Testament, or the Koran, or anything else. But as a civil society, we place our public faith in the U.S. Constitution: the principles and protections that define it, and the values that have guided its evolution. And as elected officials, our responsibility is not to any one creed or congregation, but to all citizens.
“It is my hope that members of the State Senate majority will recognize that supporting marriage equality is not only consistent with our civic principles – it is consistent with conservative principles. Conservatives believe that government should not intrude into people’s personal lives – and it’s just none of government’s business who you love!
“Conservatives also believe that government should not stand in the way of free markets and private associations – including contracts between consenting parties. And that’s exactly what marriage is: a contract, a legal bond, between two adults who vow to support one another, in sickness and in health.
“There is no State interest in denying one class of couples a right to that contract. Just the opposite, in fact. Marriage has always been a force for stability in families and communities – because it fosters responsibility. That’s why conservatives promote marriage – and that’s why marriage equality would be healthy for society, healthy for couples and healthy for children.
“Right now, sadly, children of same-sex couples often ask their parents: ‘Why haven’t you gotten married like all our friends’ parents?’ That’s a heartbreaking question to answer.
“And it’s an early expression of the profound principle that sets our country apart: that all people are created equal, with equal rights to life, liberty, and the pursuit of happiness. That is the American dream – but for gay and lesbian couples, it is still only that: A dream.
“The plain reality is, if we are to recognize same-sex and opposite sex couples as equals, that equality must extend to obtaining civil marriage licenses. Now, some people ask: Why not just grant gay couples civil unions?
“That is a fair and honest question. But the answer is simple and unavoidable: Long ago, the Supreme Court declared that ‘separate but equal’ opportunities are inherently unequal. It took the U.S. Supreme Court nearly 60 years after Plessy vs. Ferguson, which upheld disparate treatment of non-whites, to come to that conclusion.
“But justice finally prevailed. It took the Supreme Court another 13 years to strike down laws barring inter-racial marriage and another 36 years after that to strike down laws criminalizing same-sex relationships. The march for equality and tolerance in America has sometimes been slow, but it has never stopped.
“Since our nation’s earliest days, when the first Congress adopted the Bill of Rights, the Constitution’s protections of liberty have grown broader and stronger, and the law of the land has grown increasingly neutral on matters of race, nationality, gender, and sexual orientation.
“That inexorable progress is the genius of our constitutional system. In fact, we have had major social change without violence because the revolution we seek is contained within our founding documents. We have no king to overthrow – only our own ideals to live up to.
“In the weeks ahead, I will continue doing everything I can to convince our state legislators to take the long view and consider their place in history – and consider the kind of world they want to leave their children.
“Governor Cuomo and Governor Paterson both deserve great credit for advancing this issue in Albany, and I strongly believe that just as New Yorkers are discussing and debating it openly – so should both houses of the State Legislature.
“That’s democracy. And the essence of democracy is a public debate and a public vote. New Yorkers have a right to know where their elected officials stand – and make no mistake about it, avoiding a vote is the same as a no vote on this historic issue – and New Yorkers deserve better.
“We deserve a vote not next year, or after the 2012 elections, but in this legislative session.
“There’s a reason I’m so passionate about this issue – and so determined to push for change. I see the pain the status quo causes – and I cannot defend it. When I meet a New Yorker who is gay, when I speak with friends and members of my staff who are gay, or when I look into the eyes of my niece, Rachel, I cannot tell them that their government is correct in denying them the right to marry. I cannot tell them that marriage is not for them. I cannot tell them that a civil union is good enough.
“In our democracy, near equality is no equality. Government either treats everyone the same, or it doesn’t. And right now, it doesn’t.
“Tonight, two New Yorkers who are in a committed relationship will come home, cook dinner, help their kids with their homework and turn in for the night. They want desperately to be married – not for the piece of paper they will get. Not for the ceremony or the reception or the wedding cake. But for the recognition that the lifelong commitment they have made to each other is not less than anyone else’s and not second-class in any way. And they want it not just for themselves – but for their children. They want their children to know that their family is as healthy and legitimate as all other families.
“That desire for equal standing in society is extraordinarily powerful and it has led to extraordinary advances in American freedom.
“It has never been defeated.
“It cannot be defeated.
“And on marriage equality, it will not be defeated.
“There is no retreating to a past that has disappeared. There is no holding back a wave that has crested. And there is no denying a freedom that belongs to us all.
“The time has come for us to fulfill the dreams that exploded onto Sheridan Square 42 years ago: to allow thousands of men and women to become full members of the American family, and to take the next step on the inspired journey our founding fathers first began.
“Together, we can work across the aisle to pass a bill allowing all New Yorkers to walk down the aisle and lead our state and country toward a more perfect union. Thank you.”
Federal Government
Texas Children’s Hospital reaches $10 million settlement with DOJ over gender-affirming care
Clinic specializing in detransition care will be established
The Justice Department announced May 15 that it has reached a settlement with Texas Children’s Hospital, one of the nation’s top pediatric hospitals.
Under the agreement, the hospital will pay more than $10 million in damages and civil penalties related to its provision of gender-affirming care and will establish a clinic specializing in detransition care.
The DOJ partnered with Texas Attorney General Ken Paxton’s office to resolve allegations that the hospital submitted false billings to public and private insurers to secure coverage for pediatric gender-affirming procedures. The department alleges the conduct violated the Federal Food, Drug, and Cosmetic Act, the False Claims Act, and federal fraud and conspiracy laws.
The settlement was reached out of court, meaning neither party formally admitted wrongdoing. Both the DOJ and Texas Children’s Hospital denied liability.
“The Justice Department will use every weapon at its disposal to end the destructive and discredited practice of so-called ‘gender-affirming care’ for children,” Acting Attorney General Todd Blanche said in a DOJ press release. “Today’s resolution protects vulnerable children, holds providers accountable, and ensures those harmed receive the care they need.”
The DOJ’s hardline stance on gender-affirming care sharply contrasts with the positions of major medical organizations, transgender healthcare advocates, and human rights groups, which broadly support gender-affirming care as an evidence-based treatment for gender dysphoria.
Adrian Shanker, former Deputy Assistant Secretary for Health Policy and Senior Advisor on LGBTQI+ Health Equity at the U.S. Department of Health and Human Services under during the Biden-Harris administration, told the Washington Blade the settlement could have sweeping consequences for trans youth and healthcare providers nationwide.
“The Trump administration’s framing of gender-affirming care is wildly inaccurate, scientifically implausible, and frankly, just mean-spirited,” Shanker told the Blade. “What’s really clear is that the science hasn’t changed, the evidence hasn’t changed — it’s only the politics that have changed. Unfortunately, the people that lose out the most with a settlement like this one are the patients that are denied access to care where they live.”
According to Shanker, the agreement also requires Texas Children’s Hospital to revoke privileges for physicians involved in providing gender-affirming care, potentially limiting their ability to practice elsewhere.
“This is a weaponized Department of Justice doing absurd investigations against providers that are providing care within the established standard of care,” he said. “They’ve come up with an absurd remedy in their settlement to require a so-called ‘detransition clinic’ to open at Texas Children’s. It’s harmful to science, it’s harmful to trans people, and it’s harmful to the medical profession.”
Shanker argued the case reflects a broader politicization of trans healthcare.
“Every American should be concerned about the weaponized Department of Justice and their obsession with trans people and their access to care,” he said. “These hospitals that provide gender-affirming care, the providers of gender-affirming care, have done nothing wrong. They followed the standards of care that are well established and followed the mountain of evidence.”
Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal, echoed those concerns.
“For Texas Children’s to capitulate to this pressure campaign of both Paxton and the Trump administration and end this care, and go after physicians who had been lawfully and faithfully taking care of their patients, it’s hard to see that as anything other than bending the knee in the face of political pressure,” Loewy told the Blade. “That’s not putting your mission above politics. Your mission is to provide health care for kids that need it.”
Loewy said the settlement reflects years of efforts by Paxton and the Trump-Vance administration to target gender-affirming care providers. Paxton has pursued investigations into providers across Texas since 2022 and supported a 2023 law banning gender-transition-related medical care for minors. Meanwhile, the Trump-Vance administration moved quickly in its second term to restrict trans healthcare access, including through Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.”
“This is a perfect storm of Ken Paxton’s own mission to stigmatize and target trans young people and their healthcare in Texas with the Trump administration’s targeting of trans people and gender-affirming medical care,” Loewy said. “It is the two of them together. Without that, you wouldn’t have had this settlement.”
Loewy also emphasized that the settlement is part of a broader legal strategy targeting providers nationwide.
“You can’t view this one in isolation from all of the other administrative subpoenas that have been sent to hospitals or other kinds of medical providers that have provided gender-affirming medical care to trans adolescents,” she said. “It is all part and parcel of the same direct line from the executive orders that were issued in the first days of this Trump administration.”
“Every court that has considered those subpoenas has found them illegitimate and issued for an improper purpose, or at least narrowed them really dramatically,” she added. “Courts agree these hospitals didn’t do anything wrong. It’s the DOJ that has the problem here.”
Shanker also criticized the settlement’s requirement that the hospital establish a detransition clinic, arguing the move contradicts existing medical evidence.
“The irony shouldn’t be lost on anyone that the Trump administration is claiming that gender-affirming care lacks a scientific basis, and then is requiring the opening of a so-called detransition clinic, which certainly lacks a scientific basis,” Shanker said. “There’s less than a 1% regret rate when it comes to gender-affirming care. That’s lower than knee surgery, lower than bariatric surgery, lower than childbirth, lower than breast reconstruction, and lower than tattoos.”
Loewy was similarly blunt in her criticism.
“This is the most craven, political, ridiculous elevation of ideology over evidence,” she said. “They are creating a program built on an outcome that almost never happens. It is unprecedented and politically mandated rather than healthcare mandated.”
She said the settlement’s broader effect will be to intimidate providers and further marginalize trans people.
“The real effect here is to further stigmatize trans people and intimidate healthcare providers,” she said. “This is about sending a message nationwide that the DOJ is coming after the doctors. These are committed, faithful, law-abiding physicians and healthcare providers who just want to provide the healthcare their patients actually need.”
Both Loewy and Shanker warned that restricting access to gender-affirming care could deepen health disparities for trans people.
“We know that when transgender Americans lack the care that they need, we end up with higher rates of depression, higher rates of anxiety, higher rates of self-harm and suicidal ideation,” Shanker said. “We know that gender-affirming care is a medically appropriate, scientifically grounded form of care that resolves these challenges and leads us toward health equity. It’s unfortunate that the Trump administration has politicized not only transgender medicine, but the very basis of public health.”
Shanker said the restrictions are already prompting some trans people to relocate in search of care.
“We’re already seeing medical refugees leave states that have restricted access to care to move to states where it’s still available,” he said. “Frankly, we’ve already seen some trans people go to other countries to receive care or maintain access to care.”
Loewy said the DOJ’s recent subpoenas targeting hospitals, including those issued to NYU Langone Health in New York, suggest the administration is escalating its legal strategy.
“We’ve seen the DOJ escalate this by convening a grand jury and issuing grand jury subpoenas to hospitals,” she said. “That is going to be the next front in this fight.”
In addition to , there has been as large increase in anti-trans legislation in the past few years — with 126 federal pieces of legislation introduced this year and 26 state level policies passed across the country.
Still, Loewy pointed to recent court victories as evidence that challenges to these policies can succeed.
“Just yesterday, a state court in Kansas struck down that state’s ban on gender-affirming medical care in one of the most meticulous recognitions of the medical consensus and the harm of denying care to trans young people,” she said. “When courts actually look at the science and the impacts on trans people, they still can rule the right way.”
Asked whether there is any optimism to be found amid the ongoing legal battles, Loewy said she continues to draw hope from advocates, families, and community organizers fighting back.
“The solidarity of the community is really what brings hope,” she said. “There are incredible lawyers, advocates, families, and organizations fighting every day to protect these kids and their privacy and safety. It is that community strength and collaborative effort that continues to give me hope.”
Commentary
‘Live Your Pride’ is much more than a slogan
Waves Ahead forced to cancel May 17 event in Puerto Rico
On May 5, I spoke by phone with Wilfred Labiosa, executive director of Waves Ahead, a Puerto Rico-based LGBTQ community organization that for years has provided mental health services, support programs, and safe spaces for vulnerable communities across the island. During our conversation, Labiosa confirmed every concern described in the organization’s public statement announcing the cancellation of “Live Your Pride,” an event scheduled for Sunday in the northwestern municipality of Isabela. But beyond the financial struggles and organizational challenges, what stayed with me most was the emotional weight behind his words. There was pain in his voice while describing what it means to watch spaces like these slowly disappear.
This was not simply the cancellation of a community event.
“Live Your Pride” had been envisioned as a celebration and affirming gathering for LGBTQ older adults and their allies in Puerto Rico. In a society where many LGBTQ elders spent decades hiding parts of themselves in order to survive, spaces like this carry enormous emotional and social significance. They become places where people can finally exist openly, without fear, apology, or shame.
That is why this cancellation matters far beyond Isabela.
What is happening in Puerto Rico cannot be separated from the broader political climate unfolding across the U.S. and its territories, where programs connected to diversity, inclusion, education, mental health, and LGBTQ visibility increasingly find themselves under political attack. These changes do not always arrive through dramatic announcements. More often, they happen quietly. Funding disappears. Community organizations weaken. Safe spaces become harder to sustain. Eventually, the absence itself begins to feel normal.
That normalization is dangerous.
For years, organizations like Waves Ahead have stepped into gaps left behind by institutions and governments, particularly in communities where LGBTQ people continue facing discrimination, social isolation, economic instability, and mental health struggles. Their work has never been limited to organizing events. It has involved accompanying people through loneliness, trauma, rejection, depression, aging, and survival itself.
“Live Your Pride” represented much more than entertainment. It represented visibility for LGBTQ older adults, many of whom survived decades of family rejection, religious exclusion, workplace discrimination, violence, and silence. These are individuals who came of age during years when living openly could cost someone employment, housing, relationships, or personal safety. Many learned to survive by making themselves invisible.
When spaces like this disappear, something deeply human is lost.
A gathering is canceled, yes, but so is an opportunity for healing, connection, recognition, and dignity. For many LGBTQ older adults, especially in smaller municipalities across Puerto Rico, these events are not secondary luxuries. They are reminders that their lives still matter in a society that too often treats aging and queer existence as disposable.
There are still political and religious sectors that portray the rainbow as some kind of ideological threat. But the rainbow does not erase anyone. It illuminates people and stories that society has often tried to ignore. It reflects the lives of young people forced out of their homes, transgender individuals targeted by violence, older adults aging in silence, and families that spent years defending their right to exist openly.
Perhaps that is precisely why the rainbow unsettles some people so deeply.
Its colors expose abandonment, hypocrisy, inequality, and fear. They force societies to confront realities that are easier to ignore than to address honestly. They reveal how fragile human dignity becomes when political agendas decide that certain communities are no longer worthy of protection, funding, or visibility.
The greatest concern here is not solely the cancellation of one event in one Puerto Rican town. The deeper concern is the message quietly taking shape behind decisions like these — the idea that some communities can wait, that some lives deserve fewer resources, and that safe spaces for vulnerable people are expendable during moments of political tension.
History has shown repeatedly how social regression begins. Rarely with one dramatic act. More often through exhaustion, silence, budget cuts, and the slow dismantling of organizations doing essential community work.
Even so, Waves Ahead made one thing clear in its statement. Although “Live Your Pride” has been canceled, the organization will continue providing mental health and community support services through its centers across Puerto Rico. That commitment matters because people do not survive on slogans alone. They survive because somewhere there are still open doors, trained professionals, supportive communities, and people willing to remain present when the world becomes colder and more hostile.
Puerto Rico should pay close attention to what this moment represents. No healthy society is built by weakening the organizations that care for vulnerable people. No government should feel comfortable watching community groups struggle to survive while attempting to provide services and compassion that public institutions themselves often fail to offer.
The rainbow has never been the problem.
The real problem is the discomfort created when its colors force society to confront the wounds, inequalities, and human realities that too many people would rather keep hidden.
Federal Government
Bureau of Prisons declines to reconsider transgender inmate policy
Democratic lawmakers raised concerns this week, lawsuit filed
Following a letter sent Monday by several Democratic senators raising concerns about the Federal Bureau of Prisons’ updated transgender inmate policy, the BOP responded to a request for comment from the Washington Blade, saying it does not plan to reverse the changes implemented earlier this year.
The policy was revised in 2025 to comply with President Donald Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
In a statement to the Blade, BOP spokesperson Donald Murphy said the updated policy is rooted in medical guidance and data-driven decision making.
“The BOP implemented the February 2025 policy to ensure that inmates with gender dysphoria are properly diagnosed and treated consistent with best medical practices,” he said. “Unlike the prior administration’s one-size-fits-all approach, the BOP’s new policy ensures individualized assessments and treatments. And while the previous administration’s policies on treating inmates with gender dysphoria was driven by radical ideology, the BOP’s current policy is based on medical studies, medical expert opinions, state correctional policies, caselaw, and penological concerns. Absent court order, there are no plans to reconsider or revisit the policy.”
U.S. Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Mazie Hirono (D-Hawaii) signed the letter, arguing that the policy change fails to adequately prioritize the safety of trans inmates — protections they say are guaranteed under the Constitution.
This inquiry comes days after a federal lawsuit was filed against the Justice Department specifically on the concern that trans inmates are not receiving adequate care.
Earlier this month, the National Center for LGBTQ Rights, a legal organization focused on LGBTQ rights since 1977, filed a lawsuit in District Court of the District of Columbia against the Trump-Vance administration in collaboration with GLAD Law, Lowenstein Sandler LLP, and Wardenski P.C.
The suit, filed on May 6, alleges the administration is “ignoring federal protections” designed to prevent sexual abuse of incarcerated trans people.
“Transgender people in prison are sexually abused or assaulted at nearly 10x the rate of the general prison population,” the press release announcing the lawsuit states, adding that federal legislation was enacted to address those risks.
The plaintiff in the lawsuit, Paulina Poe, is a trans woman currently incarcerated in a men’s facility. According to the complaint, she has been “propositioned, groped, sexually harassed, and assaulted” by male inmates and subjected to strip searches by male officers — circumstances the Prison Rape Elimination Act regulations were intended to prevent.
The lawsuit also argues that the policy changes violate constitutional protections and deny trans inmates medically necessary care.
“The Eighth Amendment requires prisons and jails to provide ‘adequate medical care’ to incarcerated people which includes adequate treatment for people diagnosed with gender dysphoria,” says the Transgender Law Center. “‘Adequate medical care’ should be delivered according to accepted medical standards, such as WPATH’s Standards of Care. Some courts have said that in some circumstances ‘adequate medical care’ for gender dysphoria includes providing gender-appropriate clothing and grooming supplies, and the ability to present yourself consistent with your gender identity.”
GLAD Law Staff Attorney Sarah Austin also issued a statement when the lawsuit was announced, saying those responsible for the policy changes — and the rollback of protections under the Prison Rape Elimination Act — will be “held accountable for this egregious and lawless action.”
“The federal government’s unlawful attempt to roll back binding Prison Rape Elimination Act regulations is an especially dangerous step in its ongoing campaign to strip transgender people of legal protections,” Austin said. “The targeting of transgender incarcerated people is a deliberate choice to put vulnerable people in harm’s way simply because of who they are.”
The Justice Department has not responded to the Blade’s request for comment.

