The Supreme Court on Monday vacated a lower court decision that found transgender women inmates could refuse to be searched by male prison guards.
The justices, in a brief order, sent the case back to the circuit court for more argument, while pointing to two recent high-court cases that gave states leeway to limit special treatment for transgender residents in sports and medical care contexts.
The case arose out of Colorado, where transgender inmate Darlene Griffith had begun taking hormonal treatments and had developed breasts but still had male genitalia.
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During a strip search at intake, the El Paso County Sheriff’s Office had a female guard perform a check above the waist, including the breasts, and a male guard check below the waist, including the penis and body cavity.
Griffith also demanded to be housed with female inmates and asked for women’s panties, a sports bra and lipstick.
The 10th U.S. Circuit Court of Appeals ruled that, absent an emergency, male officers could not be involved in a strip search of an inmate who identifies as female.
“Such a rule is constitutionally absurd,” lawyers for the sheriff’s office told the high court in asking the justices to take the case. “And it disregards administrative expertise, creates dignity and safety concerns, and ignores the operational realities of running detention facilities like county jails.”
The justices’ order Monday vacates the 10th Circuit ruling and remands the case to the lower court.
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