Article 15: Rethinking Sex-Segregated Incarceration: What Transgender Prisoners Want and Why It Matters

Media and political attention have put a spotlight on transgender women living inside prisons designated for men and, in some cases, requesting placement in a women’s prison. This, in turn, has raised questions about where to house transgender people who are incarcerated in High Income Countries, given they face high rates of verbal, physical, and sexual victimization and other harms. Some legislation and policies seeking to address the issue emphasize the incarcerated person’s expressed preference for prison type and housing situation should be considered. Data from a national survey of 280 transgender prisoners in 31 states reveals 70% of transgender women prefer to be housed in prisons for women, representing a notable shift from previous research, in the direction of preferring women’s prisons. More than three quarters of transgender men and transgender women prefer to be housed with other transgender people. Only about a third of transgender women and about half of transgender men reside in prison facilities that align with their preference (i.e., men’s or women’s prison). These and other findings emerge amid evolving legal frameworks, including the Prison Rape Elimination Act (2003) and California’s Transgender Respect, Agency, and Dignity Act (2020), which mandate consideration of prisoners’ gender identity and perspectives on safety and housing. Given the political prominence of this topic and the problems with the status quo, policymakers and correctional leaders must understand transgender people’s preferences for prison housing reveal both patterns and variation.