"President Biden's plan to house male and female prisoners together will put women in danger," Cotton stated. "Documented cases prove that placing men—including ones who 'identify' as female—into women's prisons puts female inmates at increased risk of sexual assault. My bill will stop the president's ill-conceived plan and keep men and women separated in federal prison."
In April, the Department of Justice, in support of President Joe Biden's executive orders, issued a "statement of interest" in the case of a biological male inmate in Georgia who petitioned for a move to a women's prison due to suffering abuse in a male prison. They argued that housing a biological male in a prison intended for that purpose was a violation of the Eighth Amendment. It is stated: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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Those who oppose these sorts of transfers believe that a failure to protect those housed in male prisons does not mean that those vulnerable biological males should be housed in women's prisons, where they may themselves become a threat to a vulnerable population.
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Numerous female prisoners in Washington state prisons have reported being assaulted and raped by prisoners transferred into their prisons after the males asserted they identified as women. After one inmate reported being assaulted, prison staff at the Washington Corrections Center for Women were allegedly hesitant to take her allegations seriously after the transgender inmate accused the victim of being "homophobic."
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In California, female inmates at a women's prison have sued the state for placing biological males in women's prisons after those males self-identify as women and petitioned the state for transfer. Many of the women in this lawsuit were victims of domestic violence before their incarceration. After Governor Gavin Newsom signed a bill allowing biological males who claim to be women to be housed in female prison facilities, 291 transgender individuals who identify as women have applied for transfers. 41 have been approved, while most transfers are pending.
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The Women's Liberation Front said that "Conditions are described as 'a nightmare's worst nightmare' by women incarcerated in California after the passage of @Scott_Wiener's SB 132. Now, the system is bracing for a wave of pregnancies and increased violence in the facilities. #StopSB132."
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