Since June, a federal judge’s order has forced taxpayers to keep paying for sex-change treatments for federal inmates, and President Trump is now trying to stop it at the Supreme Court. His Justice Department is asking the justices to let federal prisons stop providing sex-change surgery, hormones and related items to transgender inmates. The government says the treatments are “medically disputed and unproven” and that mental-health care should come first.
Story Snapshot
- The Department of Justice asked the Supreme Court on Monday, September 28, to let the Bureau of Prisons enforce its policy while the court fight goes on.
- U.S. District Judge Royce Lamberth blocked the policy in June in a class-action case called Kingdom v. Trump.
- The Bureau of Prisons’ February 2026 policy ends surgeries, hormone treatments and items such as wigs, chest binders and makeup for transgender inmates.
- Lawyers for the inmates call the policy “a direct threat” to their clients, while the government calls the treatments “medically disputed and unproven.”
Administration Seeks Emergency Order From Justices
The Department of Justice filed an emergency request asking the Supreme Court to lift Judge Lamberth’s order. The case, Kingdom v. Trump, is a class action covering federal inmates with gender dysphoria. Lamberth found the policy “arbitrary and capricious,” saying it was adopted to follow a presidential order without weighing the evidence. The government wants the high court to pause that ruling while the appeal continues.
The policy traces back to a January 2025 executive order. It told the attorney general and the Bureau of Prisons to “ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex.” The Bureau of Prisons put its policy in place in February 2026. Federal prison health care is paid for by taxpayers, so this case decides what that money covers.
Justice Department Frames Treatments As Unproven
Government lawyers argue the treatments lack solid medical backing. The filing says “BOP’s decision to prioritize mental-health treatment, while discontinuing medically disputed and unproven sex-rejecting interventions, falls well within the bounds of reasoned decisionmaking.” It also accuses the district court of “substituting its own policy judgment for that of the agency.”
The administration says inmates will still get “appropriate, individualized treatment for gender dysphoria, while disallowing only interventions that are medically unnecessary.” Its lawyers told the justices that the Bureau of Prisons “independently relied on the lack of scientific support for the efficacy of sex-rejecting interventions.” Courts often give agencies room to run their own operations while an appeal is pending, and the government is leaning on that principle.
Advocates Say Ban Violates Constitutional Rights
The American Civil Liberties Union represents the inmates. Their lawyers say “the lower courts have consistently found the administration’s policy is a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights.” They argue that the care the policy ends is medically necessary.
Major medical groups side with the inmates on that point. The American Medical Association and the World Professional Association for Transgender Health support gender-affirming care, including surgery for some patients. The administration rejects that view, and the justices will now decide whose position governs while the case goes on.
A Recurring Legal Battle Over Prison Health Care
This fight is not new. In 1976, the Supreme Court ruled in Estelle v. Gamble that prison officials violate the Eighth Amendment when they show “deliberate indifference” to an inmate’s serious medical needs. Since then, lower courts have often found that gender dysphoria can count as a serious medical need, though rulings have varied with the facts of each case.
The Bureau of Prisons’ earlier rules for transgender inmates were written nearly a decade ago. The February 2026 policy reversed them. The ACLU first sued on behalf of three federal inmates with gender dysphoria, and the case grew into a class action. That reversal is why the case has drawn close attention from civil rights groups and conservative policy supporters alike.
What Happens Next
The Supreme Court’s answer on the emergency request will not end the case, but it will show how the justices view the administration’s power over prison health policy. An order could come at any time. Until the justices act, Lamberth’s order stands and the Bureau of Prisons must keep providing the treatments.
Sources:
dailycaller.com, inkl.com, thehill.com, aol.ca, lawcommentary.com, prisonlegalnews.org
