A federal appellate court ruled last week that Oregon may house trans women inmates in men’s prisons, overturning a lower court’s ruling earlier this year.
The three-judge panel of the 9th Circuit Court of Appeals consisted exclusively of Donald Trump appointees. They voted unanimously to overturn an April ruling from U.S. Magistrate Judge Mark D. Clarke ordering the Oregon Department of Corrections to assume that trans women prisoners should be housed in women’s prisons, and then assess individual cases to confirm that placement, not the other way around.
You also get the same issue with trans men. We a had a local case where a trans man was convicted of a crime, and the local authorities decided to send him to a male prison, respecting his self-identification. He proceeded to immediatly challenge this through the courts for obvious reasons.
In this situation, it’s impossible to escape the drawbacks of your biology so long as prisons assume a dichotomy. And the vast majority of the population considers any criminal to be subhuman anyway, so asking them to acommodate a sub-percentage of what is already a tiny 0.1% of the population is impossible. They would sooner vote to just execute them to save themselves the hassle and expense.
This is an interesting and valid point. Should we just put everyone together, and treat any issues and fundamental problems that need fixing until it works?
Honestly. Yes.
Though the first change would be an overhaul of what incarceration actually does. Which is rehabilitation and not punishment.
Not to say serial killers should be put in gen pop, but that gen pop is more like a stricter kind of boarding school/employment program. Where people learn job skills and can actually get employment to live off of instead of being forced into crime again because now they are even more unemployable.