WoLF Sues California Department of Corrections To Restore Single-Sex Prisons
Plaintiff illustrations by Birdy Rose
WoLF is suing on behalf of plaintiffs Janine Chandler, Krystal Gonzales, Tomiekia Johnson, Nadia Romero, and the advocacy group Woman II Woman.
On November 17, 2021, we filed a civil rights lawsuit against the California Department of Corrections and Rehabilitation (CDCR) in response to SB 132, their policy of housing based on claimed “gender identity” instead of sex.
In January, California’s “Transgender Respect, Agency, and Dignity Act” (SB 132) went into effect, allowing men to seek transfer to women’s prison facilities based entirely on their claim that they don’t have an exclusively male “gender identity.” Men are eligible for transfer regardless of whether they have had surgery on their genitals, have taken hormones, or been diagnosed with gender dysphoria. Several hundred men have already requested transfer, and dozens of male inmates have already been moved into women’s facilities, including men who have committed heinous violent and sexual crimes against women and children. At this point, no request has been denied.
We allege that housing incarcerated women with male offenders violates their constitutional rights, including:
The First Amendment right to free speech, free exercise of religion, to petition the government, and against the state establishment of a religion;
The Eighth Amendment right to be free from cruel and unusual punishment; and
The Fourteenth Amendment right to equal protection under the law.
Dr. Mahri Irvine, WoLF Executive Director, stated, “Women and girls deserve to be treated with dignity, respect, and compassion. CDCR has unequivocally violated the basic human rights of incarcerated women by subjecting them to traumatizing, terrifying conditions. WoLF stands alongside these women. We will continue to fight for them until their safety and dignity are restored.”
Amie Ichikawa, founder of organizational plaintiff Woman II Woman, released this statement:
“Woman II Woman inc. was initially created as a resource hub for incarcerated women to assist with preparing for parole suitability hearings and transitioning from prison to the free world. In a very short time it has become an outlet for silenced incarcerated women and has become the voice of the voiceless. We have a tendency to self silence out of years of conditioning. Women in prison rarely speak up when something is wrong, because nothing is ever accomplished when they do anyway. In most cases, speaking up and advocating for the most basic human rights is rebuffed with retaliation. That era is coming to an end. No matter what the outcome of this case is, we have already won by giving these women, my peers, their voices back and the courage to use them.”
WoLF is asking the court to issue a permanent injunction and declare the law unconstitutional. Read the full complaint here.
Nationwide and state-level polling show that these policies are not popular with the general public, regardless of political affiliation. Throughout our advocacy, we have found this to be true, and we are thrilled to say that this lawsuit has broad, cross-partisan support.
For more details on this lawsuit, visit: Chandler v. CDCR
For media inquiries, contact: media@womensliberationfront.org
Statements from Supporting Organizations:
“In the fight against laws and policies which permit the housing of male inmates in women's prisons based on self-professed claims of "gender identity," there is no more significant case in the United States than the one filed on behalf of the brave incarcerated women of California and their representatives Women's Liberation Front and Women II Women.
Keep Prisons Single Sex, an international organization dedicated to maintaining single-sex prisons and to sex-based integrity of data related to crime statistics and prison housing, enthusiastically supports their lawsuit challenging California law SB-132 which invites male inmates to claim a "gender identity" of anything other than "male" and then to opt into women's prison. This law, a more extreme and explicit version of what exists in several other U.S. prison systems and a likely precursor to what would occur under the federal so-called Equality Act, has had a devastating impact on the incarcerated women of California. Civil society has an obligation to protect those in its custody from violence and sexual trauma, which is why international norms call for separate housing and sanitary facilities based on sex. This lawsuit is a critical step in ensuring that California, and other jurisdictions, fulfill their responsibilities towards the incarcerated women and girls in their care.”
- Amanda Stulman, USA Director, Keep Prisons Single Sex
“Around the country, radical views about gender identity have crept into policy, and these policies are not without serious repercussions. The country has watched with horror what happens when boys are allowed in the girls’ restroom. Now, in California, women in prison – among the most overlooked populations – face the trauma and real threat of men in their facilities. At Family Policy Alliance, we believe the best policy is one that protects the vulnerable, not one that subjects them to further harm. That’s why we stand fully behind our brave friends at Women’s Liberation Front in their fight for justice for these women.”
– Craig DeRoche, CEO and President, Family Policy Alliance
“Concerned Women for America, the largest public policy organization for women in the country, fought against California’s S.B. 132 before it was passed, and we are proud to stand with WoLF to fight it today. It is a cruel, anti-woman law that places vulnerable women in danger and blatantly violates our constitutional rights. Our immutable status and inherent dignity as women must be protected, not compromised. Every woman, regardless of political affiliation, must stand against it.”
– Penny Young Nance, CEO and President, Concerned Women for America
“Article 8 of the Declaration on Women's Sex-Based Rights is clear: Society must eliminate violence against women. This can only be accomplished by providing single-sex services and spaces including prisons. This litigation by WoLF is a vital step toward protecting women's sex-based rights. We are pleased to support it."
- Kara Dansky, President, U.S. chapter of the Women's Human Rights Campaign (WHRC USA)
“This lawsuit is a particularly stark reminder that equality for women rests on the law being able to recognize biological sex differences. Placing biological males in the same facilities as incarcerated females puts women in jeopardy in ways that are both obvious and predictable. California’s policy is a step backwards for women’s privacy and safety, and we commend the brave women bringing this lawsuit.”
- Independent Women’s Law Center
"Everything we warned legislators about SB 132 is coming true. Women inmates are being assaulted and sexually harassed. Women inmates are being traumatized over violations of their privacy. Fear and dread now occupy the minds of every California female inmate, because our legislators and governor care more about the desires of trans-identified males than they do the safety of vulnerable women. We fully support WOLF’s lawsuit against the state and we hope the court system rectifies this horrific injustice."