GLAD Law, with NCLR and Lowenstein Sandler LLP,  represents a transgender woman in her case challenging a Bureau of Prisons (BOP) policy directed by President Trump which would override Prison Rape Elimination Act protections for vulnerable populations, including transgender women, and would terminate all medical care for gender dysphoria for incarcerated individuals.  

Maria Moe (a pseudonym to protect her safety) is a transgender woman who transitioned well before her initial arrest several years ago and has been housed exclusively in women’s facilities. As a result of the policy, which stems from a January 20, 2025, Executive Order issued by President Trump, Moe was at imminent risk of being moved to a men’s facility and having her necessary medical care withdrawn.

GLAD Law, NCLR, and Lowenstein Sandler LLP filed a complaint on January 26 in federal district court in Massachusetts. The court granted a temporary restraining order that same day ensuring that Moe would remain in the women’s facility and have access to medical care while the court considers further relief.

The complaint alleges that the policies required by the new executive order violate the Administrative Procedure Act because they are arbitrary and capricious and also directly conflict with a Prison Rape Elimination Act regulation requiring prison officials to make housing determinations based on an individualized assessment of safety and security. The complaint also alleges that the policies required by the new Executive Order are unconstitutional because they discriminate based on a person’s transgender status, in violation of the Equal Protection Clause, and violate the Eighth Amendment’s prohibition of cruel and unusual punishment. 

Moe v. Trump is one of the three lawsuits GLAD Law and NCLR have filed challenging sections of the Executive Order that directs the federal Bureau of Prisons (BOP) to house transgender women in men’s prisons and to unlawfully withhold necessary medical care. Learn more about the other cases Doe v. Bondi and Jones v. Bondi.