Supreme Court Vacates Transgender Inmate Housing Ruling
The justices sent a lawsuit by a transgender woman against El Paso County Jail back to the 10th Circuit for reconsideration.
Updated on Nov. 9, 2026 in Criminal Justice
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Should jails house transgender inmates based on their biological sex?
The Supreme Court vacated a 10th Circuit ruling that had allowed some claims by Darlene Griffith, a transgender woman, against the El Paso County Jail to proceed, and ordered a new analysis in light of recent transgender-related rulings. Griffith had been denied a request to be housed in a female unit while awaiting trial in 2020.
Why it matters
The order leaves unresolved whether the jail's housing policy for transgender detainees is unconstitutional, a question that could affect how correctional facilities nationwide classify and house transgender inmates. The sheriff argued prison administrators face inconsistent mandates on this issue.
The Supreme Court vacated the 10th Circuit's 2025 ruling and sent the case back for reconsideration in light of its recent transgender rulings. The 10th Circuit has not yet decided whether El Paso County Jail's housing policy is unconstitutional.
The players
Supreme Court of the United States
The nation's highest court, which issued the order vacating the 10th Circuit's ruling in this case.
U.S. Court of Appeals for the 10th Circuit
The federal appeals court based in Denver that had allowed some of Griffith's claims to proceed before the Supreme Court intervened.
The details
Darlene Griffith, who has lived openly as a woman for more than 20 years, was awaiting trial at El Paso County Jail in 2020 when she was denied a request to be housed in a female unit. The Justice Department urged the Supreme Court to direct the appeals court to reconsider, and the justices did so on Nov. 9.
Timeline
2020: Griffith was awaiting trial at El Paso County Jail when her housing request was denied.
2025: The 10th Circuit allowed some of Griffith's claims to proceed.
Nov. 9: The Supreme Court vacated the ruling and ordered a new analysis.
Legal Context
The Supreme Court recently upheld state bans on gender-affirming care for minors and on transgender athletes competing on female teams. The justices applied that line of rulings here by sending the jail housing case back for reconsideration.
Correctional facilities across the country may need to review how they classify and house transgender detainees while the courts resolve these questions. Detainees whose housing requests are pending may see the outcome of this case shape their treatment during confinement.
The takeaway
Courts are increasingly applying recent transgender-rights rulings across different settings, so housing policies for detainees may face renewed legal scrutiny. Readers following jail and prison policy should watch for the 10th Circuit's reconsideration.
Further reading
For more on how courts handle these disputes, see Criminal Justice coverage.
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Should jails house transgender inmates based on their biological sex?
