WoLF Submits Three New FOIA Requests on Women’s Prisons and Title IX
The requests to the Federal Bureau of Prisons, Department of Education, and NY State Department of Corrections could reveal important information on the implementation of “gender identity” policies.
The federal Freedom of Information Act (FOIA), and its’ state equivalents, grant the public the right to request and access documents and records from the government, acting as a key tool in ensuring a functional democracy in which civil society is able to hold the state accountable. The right to request information is under attack by previously liberal organizations such as the ACLU of Washington, which is currently suing to prevent citizens and media from accessing public records that would reveal the number of men being housed in women’s prisons in the state. WoLF is fighting to protect the right to information and demanding government transparency, especially when the safety and dignity of women are at stake (learn more about that case).
Last week, WoLF filed three FOIA requests with the goal of collecting information related to multiple pending actions and areas of concern. More requests are planned for the near future, and we’ll be sharing the outcomes of those requests when we hear back, and considering all available options if states or organizations attempt to interfere in the right to information as they have in Washington.
Request 1: U.S. Department of Education
The first FOIA request is aimed at gathering information related to the Ed. Dept.’s interpretation and enforcement of Title IX, especially as it relates to Bostock, and any records related to the February 8 Petition for Rulemaking submitted by WoLF in regards to Title IX.
During his confirmation hearing, Education Secretary Miguel Cardona refused to commit to enforcing Title IX, and confirmed that the department intended to end single-sex sports by opening up women’s and girls’ competitions to male athletes who say they identify as “female.” This was prompted by the Bostock v. Clayton County ruling, which narrowly applied to Title VII.
WoLF petitioned the department to create regulations ensuring that single-sex services in education, including sports, are provided on the basis of sex and to ensure that the freedom of speech is upheld in educational institutions in regards to “gender identity.” The Department declined to respond to the petition, but stated there would be an upcoming public hearing in the matter and public participation.
WoLF’s FOIA request to the Ed. Dept. specifically requests records of communications related to a January 2021 Office of Civil Rights memo which states that Title IX is not affected by the Bostock ruling. This memo was later archived by the Biden administration.
The request also asks for records of communications concerning the Department’s interpretation or application of Bostock, and any records of communications related to WoLF’s Petition for Rulemaking or its congressional support.
The department has twenty business days to respond to the request with an initial statement on whether or not the request will be fulfilled.
Request 2: Federal Bureau of Prisons
WoLF’s second FOIA request last week, to the Federal Bureau of Prisons, requests communications related to the Bureau’s interpretation of President Biden’s January 20th “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” as well as it’s interpretation or application of Bostock and previously unpublished records related to sexual assault in federal prisons and the “transgender status” of those involved.
The request also asks for communications concerning revisions or updates to the Bureau’s Transgender Offender Manual, following the latest revision. In May of 2018, the manual was updated by the previous administration to clarify that federal prisoners should not be housed based on claimed “gender identity,” but rather determined on a case-by-case basis taking into account factors such as the inmate’s sex and the risk they may pose to others. These records would reveal if the Bureau is planning to change this policy following Biden’s executive order.
Likewise, the department has twenty business days to respond to the request with an initial statement on whether or not the request will be fulfilled.
Request 3: New York State Department of Corrections
The final request, a Freedom of Information Law request to the New York State Department of Corrections and Community Supervision, requests records related to any incidents of sexual assault in New York state prisons, as well as the transgender status or “gender identity” of all individuals involved.
The request also asks for records of communications concerning Steuben County’s June 2021 “GO-16 Transgender, Intersex, Gender Non-Binary and Gender Non-Conforming People in Custody,” and communications concerning the Department’s interpretation or application of Bostock.
New York state law requires the department to supply its initial response to the FOIL request within five business days.
Take Action! Submit your own FOIA request today
Our partners over at WHRC USA have created a guide to help any concerned citizen submit a FOIA request to their own state! Use their template to submit a request similar to that blocked by the ACLU in Washington.
We hope to request this information in all fifty states. If you submit a request, please email us at: volunteer@womensliberationfront and/or info@womensdeclaration-usa.com to let us know which state you have covered and send us any responses you receive.
For more resources on how you can get involved as a private citizen, check out the WoLF Guide to Civic Engagement.
Special thanks to WoLF volunteer, Victoria, for helping us draft these FOIA requests!
