The U.S. Supreme Court on Oct. 21 left in place lower-court rulings that require the federal prison system to continue providing transgender-related benefits to inmates.
The unsigned order rejected the Bureau of Prison's petition to reverse rulings from both the U.S. district court and the U.S. Court of Appeals for the District of Columbia. Justices Clarence Thomas and Samuel Alito said they would have granted the government's request.
The high court's decision means that the bureau may not implement a policy passed in February that forbids the use of hormone therapy on prisoners who believe themselves to be the opposite sex. The rule also forbids "social accommodations" including wigs and makeup.
The suit against the Bureau of Prisons was brought by several inmates who identify as transgender.
LGBT-related policy at federal prisons has been in flux following President Donald Trump's 2024 election. Earlier that year, the Biden Justice Department had signaled that prisons throughout the United States must provide prisoners with transgender-related medical care, including "hormone therapy" and other gender-related requests.
Just after taking office in January 2025, on the other hand, Trump issued an executive order that purported to combat "efforts to eradicate the biological reality of sex." Among the provisions of that order was a directive ordering the Bureau of Prisons to "[revise] its policies concerning medical care" to move away from gender-related provisions.
