Update: On November 19, 2024, FAIR filed a formal Letter of Complaint with the Civil Rights Division, Special Litigation Section of the United States Department of Justice, urgently requesting an investigation under the Civil Rights of Institutionalized Persons Act into sex-based discrimination perpetrated by the Washington State Department of Corrections (DOC).
In the state of Washington, women’s and men’s prisons are divided by gender identity, not sex.
In recent years, the Washington Department of Corrections has made significant efforts to accommodate transgender, nonbinary, and intersex prisoners by allowing them to choose housing that aligns with their gender identity. Unfortunately, this practice has led to the elimination of female-only prisons in Washington. Due to biological and sociological differences, females are vulnerable to physical and emotional harm in ways males are not. This means that any policy allowing prisoners to select housing based on gender identity, rather than biological sex, inherently results in discriminatory treatment of females.
Documented instances of physical and emotional harm inflicted on female inmates, who are forcibly housed with male prisoners, have been reported across various media outlets and through private channels.
To uphold the constitutional rights of female prisoners in Washington, FAIR has launched a comprehensive advocacy campaign aimed at addressing the critical issue of male inmates being housed in facilities meant exclusively for females. FAIR has invited Washington DOC Secretary Strange to meet and discuss resolving this urgent matter. Should timely and adequate remedies not be provided, FAIR is prepared to take legal action against the DOC to ensure the equal protection of female prisoners.
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Correspondence related to the case can be read below.
