U.S. Dept. of Justice Alters Obama-Era Policy Allowing Inmate Placement by Gender Identity

WASHINGTON — The U.S. Department of Justice has altered a policy under the Obama administration that allowed inmates sentenced to federal prison to be incarcerated in accordance with their gender identity, to now direct officials to “use biological sex as the initial determination for designation” and to permit placement by gender identity “only in rare cases.”

A new Transgender Offender Manual issued on Friday by the Department places emphasis on maintaining safety and good order within federal prisons, and provides guidance to the Transgender Executive Council (TEC) as to how to analyze each case.

“The TEC will use biological sex as the initial determination for designation,” the document reads. “The TEC will consider the health and safety of the transgender inmate, exploring appropriate options available to assist with mitigating risk to the transgender offender, to include but not limited to cell and/or unit assignments…”

Factors to be analyzed include behavioral history, demeanor and the likely interaction with other inmates, as well as whether the placement would pose a problem to others, such as whether another inmate has privacy concerns or has a history of being traumatized.

“The designation to a facility of the inmate’s identified gender would be appropriate only in rare cases after consideration of all of the above factors and where there has been significant progress towards transition, as demonstrated by medical and mental health history,” the manual outlines.

View the updated manual in full here.

According to reports, the changes come as a result of a lawsuit filed in 2016 by four women who contended that the  “placement of transgender inmates in women’s facilities violate[d] their constitutional rights and their rights under the Religious Freedom Restoration Act.”

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“Blending of the sexes in the confined and restricted conditions attendant to prisons violates the privacy of female inmates and causes numerous dangers and threats to the physical and mental health and safety of our female Plaintiffs,” the legal challenge stated, according to NBC News.

“The basis for the recent changes to rules and regulations is a politically-driven agenda to affirm that gender identity theory, rather than biological sex, is the normative basis to determine whether an inmate is male or female,” it said in regard to the Obama administration’s allowances at that time.

However, transgender advocacy groups are now decrying the Trump administration’s consequent rollback, opining that it is disrespectful and dangerous to those with gender dysphoria.

“The Obama Administration put this guidance into place after an extensive review to develop workable and reasonable procedures that would protect some of the most vulnerable people in our prison system,” David Stacy of the Human Rights Campaign said in a statement.

“The decision to disregard a transgender person’s gender identity is harmful and disrespectful. This unconscionable decision ignores medical expertise and defies common sense. Transgender people under the control of the Bureau of Prisons will face greater risk of violence and discrimination,” he asserted.

As previously reported, Christians believe that all men are born with the Adamic sin nature, and have inherent inclinations that are contrary to the law of God, being utterly incapable of helping themselves. It is why Jesus outlined in John 3:5-7 that men must be regenerated by the second birth.

“Verily, verily, I say unto thee, Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God,” he declared. “That which is born of the flesh is flesh; and that which is born of the Spirit is spirit. Marvel not that I said unto thee, Ye must be born again.”

2 Corinthians 5:15-17 also teaches, “He died for all, that they which live should not henceforth live unto themselves, but unto Him which died for them, and rose again. … Therefore, if any man be in Christ, he is a new creature: old things are passed away; behold, all things are become new.”


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  • Susan Perelka

    Abba Father, You created us male and female. You determined the boundaries in Your Creation. Who are we to say otherwise. Father, continue to help us against those who are determined to alter Your established ways. Who have set themselves against You. LORD, for any traps they are setting or have already set, rescue us, and let their feet get caught in their own traps. Guide our current leaders to where those traps are and give them wisdom on how to dismantle every one of them. Let Your will be done on earth as it is in heaven. Deliver us from those who oppose Your ways. Let Your truth go forth across this nation, open the eyes of the blind to see Your truth. Expose the lies they have told to the next generation and bring Your truth to them. We don’t fight against flesh and blood, but against the spiritual darkness. Help us LORD in this battle, give us provision, protection, strength, and wisdom as we hold fast to Your Kingdom ways. Make our lights shine brightly in the darkness. Thank You Father, for Your help and mercy in our time of need. In Jesus Mighty Name. AMEN!

  • A return to some modicum of common sense at least…

  • One’s “gender identity” is between their legs. What is there that is so hard to figure out?

    • Susan Perelka

      (Good choice of words) It IS that obvious, but………..

      Unfortunately, they are blinded by the enemy and then they try to “do” something about it with surgery and hormones. It is hard to comprehend.

      What they seem to fail to understand, is that your sexual identity is coded in your DNA, trillions of cells throughout your body. God has it WRITTEN all over us. He made them male and female. Nothing else.

      It has got to this point because we remained silent too long by Political Correctness. Meanwhile, the devil has been having a field day killing, stealing, and destroying peoples lives, while we have been worried about people calling us names.

      We are the light, we need to tell people they are in darkness and show them the light in us and how they too can come to the light of Jesus.

      Speak His truth in season and out of season. Fight the good fight of faith, press on, persevere, people are perishing and we have the medicine they desperately need, Jesus.

      • PREACH THAT WORD!!!!

      • Croquet_Player

        Dear Lady. I beg you to call up your local University Medical Center and ask for the facts. Or go on line and look up “a term I can’t write here”. Try “intergender”. Between one and two percent of babies are born with what are known as – I won’t use graphic medical anatomical terms here – ambiguous private external features. Are we clear? And no, you cannot just test the infant’s DNA and see which gender they are. Obviously this is a heartbreak for parents. “Is it a boy or a girl?” “Well, we don’t know yet”. The sensible plan, as we know now, by trial and error, is to wait, and see what the child wants.

        In the sixties and early seventies, it was thought, “Well, we’ll just pick one or the other, we’ll surgically “correct” the infant’s external features and the parents will raise them as a boy or a girl, and everything will be just fine. Well, as it turns out, it’s not just fine. The idea was if the external parts match what the parents bring them up as, all will be well. Clearly, gender identity is a brain function, not a function of socialization or “external parts”. So half the time they got it wrong. There is no amount of putting a child in a dress and insisting they’re a girl, or putting them in overalls and insisting they’re a boy that will change which gender they feel themselves to be. And external “corrective” surgery turns out to be mutilation. So before you decide what is and what isn’t, please look up the facts about how gender identity works. It is clearly, as we know from horrifyingly wrong, and successful (simply by accident) surgery, that gender is a function of the brain, not external features and and socialization. This is the reality of complex human life. It takes a brave person to demand the facts as we understand them.

        • Susan Perelka

          Verbal diarrhea by people who have rejected God, not interested. Since when did everyone get the FALSE idea that scientists are always correct. Good grief, we have recorded history of them being wrong MANY times. Why? Because nobody but God knows everything. I am really tired of the “But science says…..” Doesn’t mean they are right. New information can and does come up, which can drastically alter things. Stop treating scientists like they are all knowing “gods”, they are fallible people just like the rest of us, I choose to listen to the infallible One who created us.

          • Croquet_Player

            No one, least of all me, nor any scientist, ever, suggests they are “always correct”. No one has ever claimed that. That in fact is the entire point of science. Nothing is ever “for certain”. We know things to the best of our ability. Science is a method. It is the best method we humans have figured out, to in turn figure out how things work. And who claims “God” is, or isn’t, involved? Only zealots do. There are many deeply religious (or non religious) scientists (and mathematicians, and engineers, and artists, and writers and so forth.) You claim you know what “God” said and “end of debate”. Well, that’s fine for you, you may believe whatever you like, of course. But what you have done is dealt a death blow to inquiry.

            Like so many others, you understand that “God” has spoken to you whether through a text or a personal revelation, or whatever, and you have decided you know exactly how things are as a result. And when actual facts contradict your understanding of matters, instead of saying to yourself “maybe I was mistaken in how I interpreted what I understood to be “God’s word”, you conclude that the facts must be ignored in order to support your own flimsy belief in what you think is “God’s word”. It’s a very shabby God that must be supported against all facts. There is nothing in science which supports or contradicts any god at all. There are plenty of facts which contradict religious texts, and that’s a problem for a lot of religious people. But there are other deeply religious people who have no problem accepting facts, based on obvious reality, and continue to consider a “God” is entirely involved. Perhaps you should consider that no God worthy of respect would ask you to ignore reality, a reality which you believe that same God entirely made.

            Consider this example. Some very deeply religious people have interpreted the Bible in such a manner that they think they may “handle snakes” without harm. As it turns out, they tend to die on a regular basis of snake bites. Is there no God? Maybe. Or maybe not. Or did these people misinterpret their religious texts? Although their family members and friends continue to die of snake bites, their faith is unshaken. Consider their example when you consider your own religious beliefs.

          • Rhesus Peanut Buttercup

            I very much agree with you.

          • Croquet_Player

            You’re very kind. Thank you. I don’t ask anyone to simply take my word for what I’m discussing. On the contrary, I want everyone (including me!) to look up the evidence (or lack of evidence), on any topic. Then we’ll all have a reasonable, civil, discussion, I hope!

    • Croquet_Player

      No it isn’t. Please don’t take my word for it, ask your doctor. It would be so nice if it were simply that easy, but it isn’t. Ask parents of “intersex” children. In the sixties and early seventies it was thought “Oh, we’ll just ‘fix’ (surgically) their external (let’s be delicate here) visible physical features, and you’ll either raise them as a boy or a girl, and that’s that. Well, no. As it turns out gender identity is not a result of external physical features and socialization. And about half the time they got it wrong. Just like flipping a coin. Obviously (as we do now) the sensible thing is to wait. This is upsetting for parents, who of course want to know, “Do we have a boy or a girl?” Well, you don’t know yet. No one knows. You have to wait and see what the child wants, and all surgery must be performed with their consent. All studies point to the fact that gender identity is a brain function. Most of the time, like me, it matches up with our external features. I’m a woman, I feel great being a woman, and I am sexually attracted to men. (Like any ordinary human, I can see if someone is attractive or not. But I have no interest in girls. My best friend is a girl. We love each other dearly. But romantically? NO. I love my boyfriend.) I’m very lucky. I match up with what society expects. But there is no amount of shame or lying you can heap on me or other people to make any of us feel differently.

      I should think you’d have some sympathy for the terribly sad case of a boy who was being circumcised (an entirely needless surgery, by the way) with new equipment by an untrained doctor, and the infant’s “external features” were destroyed. No worries, they said, it all amounts to what’s between their legs, as you said. You’ll raise the baby as a girl, and we’ll construct the appropriate “features”. Well. It didn’t work. The baby insisted he was a boy, beginning around age two. He resented being put in a dress. He didn’t like his name, he refused to play in the manner he was instructed to. How did he “know” this? He said “I am a boy.” His “boyness” had nothing to do with his external features or what his parents told him. His parents went back to the doctors. “We’re doing everything you said, but she is adamant she’s a “he”.” The doctors insisted. You’re doing it wrong. (they blamed the parents.) Keep putting her in frilly clothes. Give her more hairbrushes and dolls. The child insisted. Finally the parents told the child the truth. Can you imagine the horror? Children identify as a boy or a girl, or somewhere in between. You cannot “make” them choose an identity. Try to come to grips with the fact that human gender identity is a brain function, not an external “parts” function. Because it’s the truth. Zero amount of shaming and bullying will change that fact. I’m sorry to be the one to break this to you. Again, please don’t take my word for it, phone up any university medical center and ask them.