The ACLU Forced an All-Female Prison To Take Transgender Inmates. Now 2 Prisoners Are Pregnant.

Transgender actress Laverne Cox, who starred in the Netflix series about prisons 'Orange Is the New Black,' attends a press conference in support of a Massachusetts bill mandating public accommodations for transgender people. / Getty Images
April 14, 2022

Two inmates at a New Jersey women's prison are pregnant after they had sex with one or more transgender inmates.

The ostensibly all-female Edna Mahan Correctional Facility in Clinton, N.J., began housing biologically male transgender prisoners following a settlement last year in a lawsuit brought by the American Civil Liberties Union of New Jersey.

The federal Bureau of Prisons, which is part of the Biden Justice Department, just revised its operating procedures to allow criminals access to sex-change operations or related therapeutics, the Washington Free Beacon reported on April 1.

The prison houses 27 transgender inmates and does not require them to have undergone sexual reassignment surgery, the Daily Mail reported.

Edna Mahan Correctional Facility, which has launched an investigation, has not yet said whether the women had sex with the same transgender inmate or with different inmates. It did say that in both instances sex was consensual, even though the prison has seen accusations of sexual abuse.

ACLU legal director Jeanne LoCicero defended the policy her organization forced on the prison.

Housing biologically male individuals in a women's prison is "in line with New Jersey's strong anti-discrimination laws that prevent discrimination and harassment on the basis of gender identity," LoCicero said.

This is not the first time Edna Mahan has faced a scandal over housing transgender individuals. Two female inmates filed a lawsuit last year to overturn the policy, saying that transgender prisoners harassed them.