Last verified: September 22, 2026

Ninth Circuit removes Oregon prison protections for transgender women

Oregon

The U.S. Court of Appeals for the Ninth Circuit has vacated a preliminary injunction that required Oregon prison officials to begin placement reviews for transgender women with a presumption in favor of housing consistent with their gender identity. The injunction also required protections involving safe housing, privacy, searches, abuse reporting, and mental-health support.

The appellate court said the record showed individualized placement reviews and did not support the district court’s finding that Oregon used a default presumption of housing transgender women in men’s prisons. It also ordered the class decertified and sent the case back to the lower court.

The ruling removes court-ordered safeguards that addressed documented risks of violence, sexual abuse, forced exposure, and isolation for transgender women in custody. It is a decision about preliminary relief, not a final judgment on every underlying claim, but the mandate took effect immediately.

Read the Ninth Circuit opinion in S.D. v. Reese.

Sources

United States Court of Appeals for the Ninth Circuit