The Aporia
Birle, J. (2026, November 9). Supreme Court tosses appeals court ruling in transgender prisoner case. Washington Examiner. https://www.washingtonexaminer.com/news/supreme-court/4797403/supreme-court-tosses-appeals-court-ruling-transgender-prisoner-case/
Birle, Jack. “Supreme Court tosses appeals court ruling in transgender prisoner case.” Washington Examiner, 9 Nov. 2026, https://www.washingtonexaminer.com/news/supreme-court/4797403/supreme-court-tosses-appeals-court-ruling-transgender-prisoner-case/.
Birle, Jack. “Supreme Court tosses appeals court ruling in transgender prisoner case.” Washington Examiner, November 9, 2026. https://www.washingtonexaminer.com/news/supreme-court/4797403/supreme-court-tosses-appeals-court-ruling-transgender-prisoner-case/.
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On November 9, 2026, the U.S. Supreme Court overturned a ruling by the U.S. Court of Appeals for the 10th Circuit in a case involving a transgender inmate from El Paso County, Colorado. The appeals court had previously ruled that the inmate, who was biologically male but identified as female, could proceed with a lawsuit against full-body searches by male officers and housing in male facilities, arguing these practices violated their constitutional rights under the Equal Protection Clause. However, the Supreme Court sent the case back to the lower courts, referencing recent rulings on transgender issues related to sports and medical treatments for minors. The inmate claimed that being searched by male staff and housed among men constituted abuse and a violation of gender identity protections.
The U.S. Court of Appeals for the 10th Circuit had sided with a biologically male inmate, who identified as a woman, after an El Paso County, Colorado, jail tried to dismiss a lawsuit over the transgender inmate’s treatment.
The 10th Circuit reversed a lower court’s decision to toss the lawsuit, allowing it to move forward, and ruled that gender identity is part of the sex-based protections covered under the Equal Protection Clause