A federal appellate court ruled last week that Oregon may house trans women inmates in men’s prisons, overturning a lower court’s ruling earlier this year.
The three-judge panel of the 9th Circuit Court of Appeals consisted exclusively of Donald Trump appointees. They voted unanimously to overturn an April ruling from U.S. Magistrate Judge Mark D. Clarke ordering the Oregon Department of Corrections to assume that trans women prisoners should be housed in women’s prisons, and then assess individual cases to confirm that placement, not the other way around.
As a general point the judge would agree with what you wrote.
Just in this specific circumstance, and at this point in time, the judge assessed and ruled accordingly in this case. My focus of this comment is not to debate the case (your argument has merit) but to highlight the difference in care for the rights of both parties in a similar Canadian trial, though of course not everybody got what they wanted. In the American case, even the states’ lawyers were scratching their heads with the unprompted bigotry coming from the judges out of left field.