A federal appeals court blocked an order that would have automatically transferred more than 100 transgender inmates from men’s prisons to Oregon’s only women’s facility, including at least one convicted of violent sexual assault against a woman.
The Ninth Circuit Court of Appeals overturned a magistrate judge’s preliminary injunction Thursday, with a three-judge panel of Trump appointees ruling the lower court had relied on “stale statistics” and “baseless speculation” rather than requiring plaintiffs to meet their burden of proof.
Sexual Offender Among Inmates Slated for Transfer
Circuit Judge Eric Tung highlighted one plaintiff, identified in court documents as J.F., who “sexually assaulted a woman by lodging a footlong plastic object into that woman’s vagina.” Under the magistrate’s order, this inmate would have been placed in a women’s prison.
The magistrate judge issued the April injunction based on claims that housing transgender women in men’s facilities violated their constitutional rights. But the appeals panel found the lower court ignored evidence presented by Oregon corrections officials and substituted assumptions for facts.
Appeals Court: Judge Ignored the Evidence
“The district court improperly disregarded the overwhelming contrary evidence presented by defendants in favor of baseless speculation,” Tung wrote. “Rather than hold plaintiffs to their burden, the district court essentially substituted its assumptions for evidence in the record. That it cannot do.”
The ruling represents a sharp rebuke of the magistrate’s reasoning and methodology. The appeals court found the lower court failed to properly weigh competing safety and constitutional concerns before ordering such a sweeping change to Oregon’s prison housing policy.
What Happens Next
The decision keeps current housing arrangements in place while the underlying case continues. Oregon corrections officials can continue making individualized determinations about inmate placement rather than following an automatic transfer policy based solely on gender identity.
The case will return to district court, where plaintiffs will need to present stronger evidence if they want to challenge Oregon’s current approach to housing transgender inmates.
Key Points
- Ninth Circuit overturned order requiring Oregon to automatically house transgender inmates in women’s prisons
- At least one inmate who would have transferred was convicted of violent sexual assault against a woman
- Three Trump-appointed judges said lower court substituted assumptions for evidence and ignored officials’ data
https://www.courthousenews.com/ninth-circuit-overturns-order-requiring-oregon-to-house-transgender-women-in-womens-prisons/ – September 17, 2026
