California SB 132 Would Allow Trans-Identified Male Inmates to be Housed with Females

Feminists in Struggle, a nationwide feminist organization, strenuously opposes SB 132, a bill in the California legislature, “an act to add Sections 2605 and 2606 to the Penal Code, relating to corrections,” which would allow males who identify as transgender to be housed with the female population. This bill if enacted poses a grave risk to actual women, who comprise 52% of the general population and a growing percentage of the prison population.  SB 132 has already passed in the Senate and is due to be voted on imminently in the Assembly.

While we support and understand that the intent of this bill is to protect vulnerable trans-identified people, the actual result of this legislation would:

  • Allow ANY incarcerated male to CLAIM that he has a feminine “gender identity.”
  • Give any such incarcerated male the legal right to be housed at a women’s facility, even if he has been convicted of violent or sexual crimes against women.

This is a serious concern since studies indicate that males who transition retain the same patterns of male violence and criminality. A long-term study in Sweden found transwomen were 6 times more likely to commit any crime, and 18 times more likely to commit a violent crime, than female controls, and showed no evidence that identifying as a woman or undergoing sex reassignment surgery reduces the risk of male violence.  In the general population, violent crime is much more common among men than women, also putting women at much greater risk if males are housed with females.

To allow any male to claim a trans identity, with no biological requirements whatsoever, opens the door for sexual predators of various types, from voyeurs to rapists, to reinvent themselves as female by taking on female names and identities. Add to this the reality that the majority of female prisoners have been molested, raped, sexually assaulted, trafficked, coerced or forced into pornography and/or prostitution, and the potential harm to incarcerated women and girls is greatly increased if SB 132 becomes law.

It is unacceptable to endanger females in this way. Sex-segregation has long existed as a principle in human rights law, for reasons of privacy, safety, and dignity. We believe the onus must be on those seeking to change or abolish these principles to prove that doing so will not result in harm. Authors of SB 132 have not taken the requisite steps to provide such proof that SB 132 will not result in harm to female prisoners.

Additionally, where transgender self-ID policies have been allowed, such as in the UK, women have been raped, and assaulted. See: transgender inmate sexually assaults female prisoners; complaints from female prisoners leads to transgender prison wing; female prisoner files lawsuit for rape.

As written, this bill would violate the privacy, dignity, and safety of vulnerable women in prison.  We encourage feminists and allies to urge the California Assembly to vote NO on SB 132.

Legislative Alert!

HR5, the “Equality Act” is currently in the Judiciary Committee in the U. S. Senate.  FIST is developing a response to this bill.  Please stay tuned for proposed amendments.  To contact the members of the Judiciary Committee, go to:  https://www.judiciary.senate.gov/about/members

SB 132 – A bill in the California legislature, “an act to add Sections 2605 and 2606 to the Penal Code, relating to corrections,” would allow males who identify as transgender to be housed with the female population if it passes. It has already passed in the California Senate and is currently in the state Assembly, where it will be reviewed in the Public Safety Committee. This bill if enacted is particularly dangerous for women since the passage of SB 179 in October 2017 has allowed “. . . a person to submit to the State Registrar an application to change gender on the birth certificate . . . to conform the person’s legal gender to the person’s gender identity.” So any man may declare himself a woman and change his birth certificate, with no requirements or oversight and in total disregard of biological reality, opening the door for sexual predators of various types, from voyeurs to rapists, to reinvent themselves as female by taking on female names and identities. Add to this the reality that the majority of female prisoners have been molested, raped, sexually assaulted, trafficked, coerced or forced into pornography and/or prostitution, and the potential harm to incarcerated women and girls is greatly increased if SB 132 also passes.

FIST strenuously opposes the passage of this bill and asks everyone to call the members of the California Assembly Public Safety Committee and urge them to not allow it onto the floor for a vote as it poses a grave risk to actual women, who comprise 52% of the general population and a growing percentage of the prison population, and therefore to public safety. Also if you are in California, please contact your Assembly representative and urge her or him to oppose it as well. Here is a link to the list of the Public Safety Committee members and their phone numbers: https://apsf.assembly.ca.gov/membersstaff