Federal Judge Upholds California Law That Lets Males in Female Prisons

Published on May 20, 2024

A U.S. judge has thrown out a legal challenge to a California law that enables males, even if they haven’t undergone gender reassignment surgery, to be housed with females in prisons. Senate Bill 132, which took effect in 2021, lets males who self-identify as women, non-binary, or gender fluid serve their sentences in women’s correctional facilities. Some women sued state officials, arguing the law violates their constitutional rights, including their right to free exercise of religion, and subjects them to cruel and unusual punishment. In the May 14, ruling, U.S. District Judge Jennifer Thurston dismissed the suit. Arguments based on California’s Constitution need to be dismissed under court precedent, Judge Thurston, an appointee of President Joe Biden, wrote. As to the federal claims, despite neither party raising the Eleventh Amendment, the court decided the amendment’s immunity means the rest of the claims must be tossed....