Ninth Circuit Blocks Oregon Order to House Transgender Women in Women's Prisons

The Ninth Circuit reversed Oregon’s order mandating transgender women’s placement in women’s prisons.

On September 17, 2026, the Ninth Circuit Court of Appeals overturned a preliminary injunction that mandated Oregon to place transgender women in women’s prisons. The original injunction, issued by U.S. Magistrate Judge Mark D. Clarke in April 2026, required housing consistent with gender identity unless specific security justifications existed.

The appellate panel, composed of Judges Daniel P. Collins, Lawrence VanDyke, and Eric C. Tung—all Trump appointees—faulted the lower court for relying on "stale statistics" and "baseless speculation." Judge Tung’s opinion stated, "The district court improperly disregarded the overwhelming contrary evidence presented by defendants in favor of baseless speculation."

The court emphasized Oregon's policy of individualized assessments: transgender inmates are initially placed in the infirmary, evaluated within 72 hours and again within 30 days to assess vulnerability to or risk of committing sexual abuse. This contrasts with a blanket policy based solely on gender identity.

Among Oregon’s 117 transgender women prisoners, only 26 requested placement in women’s prisons, and 8 currently are housed there. The Ninth Circuit also vacated the class certification, noting plaintiffs did not prove harms were common across all class members.

Judge Tung further observed, "The district court’s injunction not only displaces the State’s role as prison administrator — it compromises public safety too," underscoring the court’s deference to prison management and safety considerations.

This decision spotlights the balance courts must strike between protecting transgender inmates' rights and maintaining institutional safety, while also demanding reliance on robust, current evidence rather than outdated data.