"Under the Biden administration, for example, there has been a reversal of previous policies that mandated housing transgender inmates based solely on their sex assigned at birth. Now, transgender inmates can be housed in facilities that align with their gender identity on a case-by-case basis, taking into account their safety and well-being. Democrats have also pushed for ensuring transgender inmates have access to hormone therapy and other forms of gender-affirming care, with the legal argument being that denying such care could violate the Eighth Amendment, which protects against cruel and unusual punishment.
While there has been progress in policy and some notable cases of transgender individuals receiving gender-affirming care in federal prisons, the implementation of these policies is still inconsistent, and enforcement has been criticized as lacking. Democrats continue to advocate for stronger protections and more consistent access to care for transgender prisoners in both federal and state facilities."
Sources:
• Congressional Equality Caucus
• The 19th News
• The Advocate