The Cruel and Unusual Punishment report examines federal and state law regarding the push to allow trans-identifying men into women’s prisons and provides specific policy recommendations to restore equality for incarcerated women.

Across the country, government officials are knowingly and willingly placing male inmates into women’s prisons on the basis of “gender identity.” Incarcerated women are unable to avoid what are often dangerous situations, including in living arrangements, showers, toilets, and other intimate spaces. Allowing male offenders to reside in women’s prisons is dangerous and unfair. Put simply, it’s cruel and unusual punishment. 

Check out the map below to see the status of each state’s policy regarding the housing of males in women’s prisons.

States have largely enacted policies to align with the federal Prison Rape Elimination Act (PREA) guidelines. As detailed in Independent Women’s report, the PREA law does not require male inmates to be placed with females, and yet federal regulations wrongly suggest that is appropriate. Many states have additional flexibility for trans-identifying male inmates. 

• 44 states determine housing for trans-identifying males in women’s prisons on a case-by-case basis.
• 4 states allow trans-identifying males to access women’s prisons.
• 2 states do not base the housing of trans-identifying males in women’s prisons on gender identity and protect women’s prisons.

This map was last updated on December 20, 2024.