Update: We secured preliminary injunction orders preventing our clients in three separate lawsuits—Moe v. Trump, Doe v. Bondi, and Jones v. Bondi  from being transferred to men’s facilities.

The Trump administration has appealed those preliminary injunctions to the D.C. Circuit Court of Appeals, and the three cases have been consolidated for briefing and ruling on this appeal. Learn more about the appeal.

Case Overview

GLAD Law, with NCLR and Lowenstein Sandler LLP,  represents a transgender woman in her case challenging a Bureau of Prisons (BOP) policy directed by President Trump, which would override Prison Rape Elimination Act protections for vulnerable populations, including transgender women.  

Maria Moe (a pseudonym to protect her safety) is a transgender woman who transitioned well before her initial arrest several years ago and has been housed exclusively in women’s facilities. As a result of the policy, which stems from a January 20, 2025, Executive Order issued by President Trump, Moe was at imminent risk of being moved to a men’s facility.

GLAD Law, NCLR, and Lowenstein Sandler LLP filed a complaint on January 26 in federal district court in Massachusetts. That same day, the court granted a temporary restraining order, ensuring that Moe would remain in the women’s facility while the court considered further relief.

The complaint alleges that the policies required by the new executive order violate the Administrative Procedure Act because they are arbitrary and capricious and also directly conflict with a Prison Rape Elimination Act regulation requiring prison officials to make housing determinations based on an individualized assessment of safety and security. The complaint also alleges that the policies required by the new Executive Order are unconstitutional because they discriminate based on a person’s transgender status, in violation of the Equal Protection Clause, and violate the Eighth Amendment’s prohibition of cruel and unusual punishment. 

Moe v. Trump is one of the three lawsuits GLAD Law and NCLR have filed challenging sections of the Executive Order that directs the federal Bureau of Prisons (BOP) to house transgender women in men’s prisons. Learn more about the other cases Doe v. Bondi and Jones v. Bondi.