Trump-appointed judge rejects ACLU challenge to Florida's new policy limiting accommodations for transgender inmates

By 
 January 3, 2025

How a federal judge will rule on a particular matter can sometimes be deduced ahead of time by looking at the ideology and policy positions of the president who appointed them to the bench.

That may be the case here for a Trump-appointed federal judge in Florida who just denied a transgender inmate's request for an injunction against an allegedly unconstitutional policy imposed last year by the state's corrections department, the Daily Caller reported.

The biologically male inmate, backed by the American Civil Liberties Union, claimed that a prospective denial of cross-sex hormone therapy and other gender dysphoria-related "social accommodations" constituted a violation of the U.S. Constitution's Eighth Amendment, but the judge disagreed.

Florida's policy for transgender inmates challenged

At issue here is a Florida Department of Corrections policy change last September that generally prohibited hormone therapy and other social accommodations for transgender inmates unless those things could be proven to be "medically necessary."

Transgender inmate Reiyn Keohane, who is serving a 15-year sentence for attempted murder and has been the recipient of hormone therapy and other special accommodations for several years, filed a lawsuit against that policy with the support of the ACLU and argued that it violated the Eighth Amendment by denying him medically necessary care.

That includes receiving cross-sex hormone therapy and other special accommodations like being allowed to grow hair longer than the department's standards for male inmates, wearing women's underwear and clothing, and wearing women's makeup.

Judge rejects request for preliminary injunction

In a 23-page order issued on Tuesday, however, Trump-appointed U.S. District Judge Allen Winsor was unpersuaded by Keohane's arguments and rejected his request for a preliminary injunction to block the Florida Department of Corrections' new policy for transgender inmates.

Ironically enough, the judge noted that Keohane was actually still receiving through a special dispensation the therapy and "social accommodations" he claimed were banned, as well as that the department's medical experts had testified that such things would still be available for transgender inmates on a case-by-case basis following an individual review.

The judge further explained that Keohane had failed to meet a fundamental requirement necessary to obtain a preliminary injunction, namely proving he would be successful on the merits, because of his inability to sufficiently make his case.

Indeed, Keohane failed to prove that there was a "blanket ban" against either hormone therapy or social accommodations, much less that he himself had suffered any harm from such an alleged ban.

"The record indicates Keohane receives extensive medical treatment relating to gender dysphoria," Winsor wrote. "In addition to the hormone treatment currently provided, the Department makes psychotherapy available to those with gender dysphoria. This is not a case in which the Department simply provides no treatment at all."

ACLU unhappy with judge's decision

The ACLU, unsurprisingly, was quite displeased with Judge Winsor's ruling against the requested preliminary injunction against the Florida Department of Corrections' new policy limiting treatments and accommodations for transgender inmates to only what is deemed "medically necessary."

"Florida officials are waging a baseless campaign to dehumanize and degrade incarcerated people like our client," ACLUS staff attorney Li Nowlin-Sohl said in a statement.

"Allowing this policy to move forward threatens the basic human rights of transgender people in the state’s custody and the court’s order today affords the state’s policy more credulity than it deserves when the clear intent of the state is to ban this health care outright," the lawyer added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson