Trans News Friday: The Oregon Prison Ruling
A federal appeals court threw out protections for trans women in Oregon prisons, Denver moved to keep trans people's data out of the wrong hands, and Virginia's governor revealed she quietly killed a bathroom ban. Here's the week.
9th Circuit Throws Out Protections for Trans Women in Oregon Prisons
Pioneer Courthouse in downtown Portland, where the 9th Circuit hears cases. Photo: Another Believer via Wikimedia Commons, CC BY-SA 3.0
On September 17, a three-judge 9th Circuit panel, all Trump appointees, vacated a federal order requiring the Oregon Department of Corrections to presume trans women should be housed in women's prisons unless there's a documented safety reason. The panel also threw out the case's class certification, so it goes back to district court for the two women who brought it.
The state's own numbers tell the story: 117 trans women in custody, 26 asked to move to a women's prison, and 8 are housed there. Judge Eric Tung's opinion repeatedly called the plaintiffs "male inmates who claim to be female." Oregon's Department of Justice welcomed the outcome but said it "strongly disagree[s] with the court's harmful language."
Oregon's values on paper don't automatically protect the people with the least power. Trans people inside need people outside paying attention.
Denver Moves to Keep Trans People’s Data Out of the Wrong Hands
The Denver City and County Building. Photo: Daderot via Wikimedia Commons, CC0
Denver City Council members Stacie Gilmore and Shontel Lewis are sponsoring the Sex and Gender Identity Protection Ordinance. It would limit what city agencies can share about a person's sex, sexual orientation, and gender identity with police and other governments, require that data to be deleted after 30 days, make agencies disclose what they collect, and ban targeting anyone based on gender data alone.
It went through committee hearings September 14 and 16, backed by Bread and Roses Legal Center, which says it's seeing trans people relocate to Denver from other states. It's modeled on Denver's existing limits on sharing immigration data.
Data is the new front line. When officials in other states go hunting for trans people's records, a city's refusal to hand them over is real protection.
Read the full story at LGBTQ Nation →
Virginia’s Governor Quietly Killed a Trans Bathroom Ban
The Virginia State Capitol in Richmond. Photo: Ron Cogswell via Wikimedia Commons, CC BY 2.0
At Virginia Pridefest in Richmond on September 12, Gov. Abigail Spanberger revealed that back in July she killed a pending state Board of Health rule left over from her predecessor's administration. It would have barred trans women and girls from many bathrooms, locker rooms, and sports teams.
She told the crowd she "burst into tears" hearing a trans girl's story. However quietly it happened, the result is one less state rule pushing trans people out of public life.
Elections matter at every level, including the ones that decide who runs a state health board.
Read the full story at Erin in the Morning →
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More This Week
Here in Portland, anti-trans protesters showed up outside The Sports Bra on September 11, five days after the bar asked people in anti-trans shirts to cover up or leave. More than 30 counterprotesters came out in support, police looked into two reports of irritant spray, and no one was arrested (KPTV). North Dakota's Supreme Court unanimously upheld the state's ban on gender-affirming care for minors (North Dakota Monitor). In Colorado, a judge held a contempt hearing over whether Children's Hospital Colorado is defying a court order to resume care for trans youth (Colorado Newsline). And a new wave of anti-trans attack ads from Elon Musk's America PAC hit the air September 14 in Senate races across the country (Erin in the Morning).
We didn't see any changes this week for trans Americans looking at asylum or visas abroad. If you're exploring options, our September 4 roundup covers the Netherlands self-employment visa route. Now for some joy: 17-year-old Kai Schreiber became the first trans girl to win Breakthrough Model of the Year at The Daily Front Row's Fashion Media Awards, and Micah Cronin made history as the first out trans cathedral dean in the Episcopal Church.
What This Means for Portland
If someone you love is in Oregon Department of Corrections custody, stay in contact, keep records of what they tell you about their housing and safety, and connect with prisoner advocates like the Oregon Justice Resource Center. Tell Gov. Tina Kotek and your legislators that Oregon's protections should mean something inside prison walls too.
Denver's ordinance is something Portland and Multnomah County could build too. Ask your City Council member whether Portland limits how city agencies collect and share information about gender identity, and who it shares it with. And keep supporting The Sports Bra as a customer, not as a crowd.
What This Means for Our Work
Every week brings another reminder that safety for trans people depends on what systems do with our information and our bodies. TRFAN, our emergency relocation program, helps people get out of places where that's gone wrong. Safe Haven Home Share helps them find housing here, our Peer Support Services team helps with paperwork, appointments, and the stress of starting over, alongside partners like Dian’s Well, Folktime, and The Peer Company, and Trans Town PDX gives everybody a place to land.
Take Action
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If You Need Support
Trans Lifeline: 1-877-565-8860
Trevor Project: 1-866-488-7386
988 Suicide & Crisis Lifeline: call or text 988
For peer support in Portland: Dian’s Well, Folktime, The Peer Company. Peer support from WERQ TOGETHER: get support.
