The Supreme Court on Wednesday, Oct. 21, refused to let the Trump administration cut off gender-affirming care for transgender people in federal prisons while a lawsuit over the policy moves forward.
The order was one sentence long and gave no reason. Justices Clarence Thomas and Samuel Alito dissented.
For now, the Federal Bureau of Prisons has to keep providing the care it gave before President Trump’s executive order, including hormone therapy.
What the court decided
The administration asked the justices to pause a lower court order so prisons could stop the care right away. The court said no. That means a June 17, 2026, injunction from U.S. District Judge Royce Lamberth stays in effect while the case continues.
This was an emergency ruling, not a decision on whether the policy is legal. The case, Kingdom v. Trump, is still open.
How we got here
In January 2025, President Trump signed an executive order barring federal money for gender-affirming care in federal prisons. The Bureau of Prisons followed with memos banning hormone therapy and items like gender-appropriate clothing and commissary goods.
In March 2025, two transgender men and one transgender woman held in federal facilities in New Jersey, Minnesota, and Florida sued. The ACLU, the ACLU of D.C., and the Transgender Law Center represent them. The case became a class action covering about 1,000 transgender people in federal custody, according to the ACLU. Judge Lamberth blocked the ban in June 2025.
In February 2026, the Bureau of Prisons issued a new written policy, Program Statement 5260.01. It replaced the memos but still banned the care. Judge Lamberth blocked that policy too in June 2026. The D.C. Circuit Court of Appeals refused to lift his order on Sept. 18, and the administration went to the Supreme Court.
What each side argued
The administration said the policy is about prison security. It argued that trans people who receive this care could become targets for attacks and that the care could cause resentment among other inmates.
Lawyers for the plaintiffs said cutting off care would cause immediate and serious harm, and that people denied hormone therapy can face higher rates of depression and anxiety. Under the policy, treatment for gender dysphoria would have been limited to mental health care and possibly antidepressants.
“The denial of medically necessary health care, including gender-affirming health care, to people in prison is a violation of their fundamental constitutional rights.”
Why this ruling stands out
This Supreme Court has mostly ruled against trans rights in recent cases. In June 2025, it upheld state bans on gender-affirming care for minors. Last June, it ruled that states can bar trans girls from girls’ school sports. Reuters called Wednesday’s order a rare win for transgender rights at the high court.
It is a narrow win. The policy could come back if the government wins later in the case.
Why it matters here
One of the three people who filed this case is held in a federal facility in New Jersey, right across the river. Many of us love someone who is trans, and some of them are inside the federal system. For them, this order decides whether they get their medication this week. PhillyGayCalendar.com will keep following the case.
Where we heard about it
Thanks to our friend Angela Giampolo, the attorney behind @yourgaylawyer on Instagram, for flagging this ruling. You can also find her firm at giampololaw.com. Angela posts clear, quick breakdowns of the legal news that affects LGBT+ people. If you want to keep up with what the courts are doing, give her a follow.