The Federal Bureau of Prisons (BOP) has rejected the demands of Democrats to reverse its anti-trans policies.
In a letter to Acting Attorney General Todd Blanche and BOP director William K. Marshal III, three Democratic senators asked the BOP to reverse, among other rules, a new policy banning gender-affirming care for BOP inmates even if they use private funding.
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“We call on the BOP to withdraw this and all other Trump administration policy changes that target transgender people in its custody and instead prioritize the health, safety, and dignity of this
vulnerable population,” wrote Sens. Ed Markey (D-MA), Jeff Merkley (D-OR), and Mazie Hirono (D-HI).
BOP spokesperson Donald Murphy responded to the letter in a statement to the Los Angeles Blade, slamming the Biden administration’s trans friendly policies and claiming the current administration’s policies are based in science rather than “radical ideology.”
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“The BOP implemented the February 2025 policy to ensure that inmates with gender dysphoria are properly diagnosed and treated consistent with best medical practices,” Murphy 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.”
It’s unclear which studies or expert opinions the BOP relies on, given that every major medical association in the United States supports gender-affirming care and has deemed it safe and necessary for trans people.
Nevertheless, Trump’s day-one executive order banning gender-affirming care for trans people in federal custody led to a series of anti-trans actions from the BOP, including bans on gender-affirming care, requirements that staff call inmates by the name and pronouns corresponding to their sex assigned at birth, and the suspension of trans support programs and clothing accommodations.
In their letter, the senators mentioned two lawsuits that resulted in a federal court issuing a preliminary injunction barring the BOP from limiting gender-affirming accommodations for the plaintiffs – meaning the judge believes the BOP’s anti-trans policies are likely unlawful.
“Despite the ongoing litigation, the BOP recently issued guidance that, if implemented, would destroy prior protections and place transgender people at risk of grave harm,” they write.
According to the letter, the BOP’s new policy – issued February 19, 2026 – bans gender-affirming care even when paid for with private funds. The guidance also requires that trans inmates already utilizing hormone therapy treatments begin weaning off them, which experts say could be physically dangerous. Some legal experts believe this is a direct violation of the judge’s injunction.
The Bureau also states in the policy that all gender-affirming care will be replaced with psychotherapy, which the Senators feel – “given the BOP’s actions to limit gender-affirming care and its efforts to align all policies with the ‘biological reality of sex’” – could be a euphemism for the harmful practice of conversion therapy.
“The BOP professes to hold accountability, respect, and compassion among its core values, and its stated mission is to ‘foster a humane and secure environment,’” the senators wrote. “But the agency
has repeatedly enacted policies that strip transgender individuals of their gender identity and dignity… By stripping away appropriate medical and psychiatric care, safety protections, and measures to provide dignity, the BOP is exposing transgender individuals to significant harm.”
Apparently, officials were unmoved by the senators’ pleas.
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