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.

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[–] 160 points 2 weeks ago (24 children)

This court is unbelievably hateful.

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  • [–] 85 points 2 weeks ago (6 children)

    Deliberately trying to get transwomen killed. Fascist state doing what it always does.

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  • [–] 16 points 2 weeks ago (5 children)

    please don't leave out the space in trans women. trans is an adjective that can apply to a woman like tall or cis or happy. 'transwomen' as one word implies a thing seperate from women, rather than a descriptor that applies to some women.

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  • [–] 67 points 2 weeks ago (8 children)

    Refusing to accept trans women as women but sentencing them with men who absolutely will rape them like they would any other women. We're only women when it comes to raping us

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  • [–] [S] 44 points 2 weeks ago (7 children)
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  • [–] 12 points 2 weeks ago (7 children)

    The 9th circuit is the most liberal in the US. There are many judges and three are selected randomly and based in availablity. This was bad luck for getting three trump appointees. The case will go back to the court en banc and the decision reversed.

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  • [–] 78 points 2 weeks ago (8 children)

    The fact that prisons are segregated at all is a tacit admission that abuse, assault, and other crimes between inmates are expected and tolerated.

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    [–] 64 points 2 weeks ago* (3 children)

    Wow.

    This is just… wow.

    This is a graphic case in point on why it was so fucking infuriating and agonizing to watch the Democratic Party categorically fail to do literally fucking anything to try to prevent - let alone counterbalance - the judicial fuckery the GOP has been engaging in for fucking decades.

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  • [–] 54 points 2 weeks ago (1 child)

    Think its long past due for US to collapse. Fuck heads.

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  • [–] 44 points 2 weeks ago (14 children)

    Congratulations, this is what happens when you let fascist pigs take power, non-voters.

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    [–] 41 points 2 weeks ago* (14 children)

    When trans women are placed in men's prisons we're often placed with sexually violent men, specifically in the hopes of calming them down/tiring them out. Trans women in this situation are often punished, including with parole denial and/or solitary for resisting.

    The federal court of appeals has decided to permit the state to be a further accessory to/coperpetrator of rape, particularly targeting a specific group. All three of these judges should be seen as personally complicit

    https://en.wikipedia.org/wiki/V-coding

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  • [–] 20 points 2 weeks ago (1 child)

    Oh my God ...

    Like you caught me off guard with the Wikipedia link and I expected the "This page is a stub" not enough references thing...

    Nope this is a thing, it's well documented and absolutely insane.

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  • [–] 11 points 2 weeks ago

    Yeah, I like to include the Wikipedia link when I talk about it specifically for that reason. It's a bold claim and while it's believable, it's easy to imagine it's something we only know about through stories and community knowledge. But no, this is a real, documented pattern of direct targeted harm done through an apparatus of state power. It takes this issue from one of theoretical harm to documented systems of harm.

    Where trans women are in the prison system we need programs to protect us from such behaviors. In places where it isn't politically or legally feasible to house us in women's prisons we should at the bare minimum be kept from being forced to share a cell or other places of vulnerability (such as shared showers) with men.

    We also need to combat the prevalence of prison rape in all cases and the sadism of prison guards. But those alone aren't a replacement for targeted opposition to v-coding and the conditions that enable it.

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  • [–] 14 points 2 weeks ago* (last edited 2 weeks ago) (7 children)

    The US is straight up in the middle of a trans genocide and most cis people hardly seem to be bothered by it. They want us dead and will stop at nothing to accomplish that. They won't stop with us either.

    I fled the US immediately after Trump got elected because of the threat it posed to me as a trans latina immigrant. I cannot count the number of people who told me I was overreacting.

    Here's another fun link: https://www.lemkininstitute.com/red-flag-alerts/red-flag-alert---anti-trans-genocide-in-the-usa---%233

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    [–] 17 points 2 weeks ago

    In the US, "court rules" usually means, finger pointed MAGAtard nods to its boss

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  • I'm so fucking tired

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  • [–] 15 points 2 weeks ago*

    stupid fucking assholes

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  • [–] 14 points 2 weeks ago

    Go ahead and come here and try and enforce those laws, Republicans.

    I will kill every last American cop before I let you drag my loved ones away.

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  • [–] 10 points 2 weeks ago (41 children)

    There do exist unique cases (in Canada) where I think it is justified to keep specific trans women out of female prisons, if a pattern of criminal sexual behvaiour towards women is established. I encourage you to read that article as yet another example of Canadian judges taking their job way more seriously than these nutcase Federalist Society judges. They appear to be out to make a point instead of studying the arguments, precedent in law and assessing the trial court's judgement on a legal and constitutional basis rather than a partisan one.

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  • [–] 42 points 2 weeks ago (40 children)

    In that case you should still move that woman to a woman's prison and keep her isolated. She's not a man, she doesn't belong in a man's prison just because she's a sex offender. You don't lose your gender status just because you broke the law.

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  • [–] 9 points 2 weeks ago* (last edited 2 weeks ago)

    As a general point the judge would agree with what you wrote.

    “These reasons and judgment should not be viewed, however, as any kind of blanket determination that a transgender or gender-diverse inmate who is designated as a [dangerous offender] cannot be transferred to an institution that aligns with their gender identity, and that may happen eventually for Ms. Cooper. Each such case will depend on their unique circumstances.”

    Just in this specific circumstance, and at this point in time, the judge assessed and ruled accordingly in this case. My focus of this comment is not to debate the case (your argument has merit) but to highlight the difference in care for the rights of both parties in a similar Canadian trial, though of course not everybody got what they wanted. In the American case, even the states' lawyers were scratching their heads with the unprompted bigotry coming from the judges out of left field.

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  • [–] 10 points 2 weeks ago (7 children)

    I don't think they should be put with either group

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