Women Deserve Their Day in Court: WoLF Appeals to the Ninth Circuit in Chandler v. Macomber
By: Lauren Bone, WoLF Legal Director
The Women’s Liberation Front (WoLF) has filed its opening brief in the U.S. Court of Appeals for the Ninth Circuit in Chandler v. Macomber, asking the court to reverse the dismissal of our lawsuit challenging California's policy of housing male inmates in women's prisons based on “gender identity”.
This appeal is about something fundamental: whether incarcerated women retain their constitutional rights to safety, privacy, and equal protection under the law.
How We Got Here
WoLF represents six women incarcerated in California women's prisons who have lived under a policy that permits male inmates to be housed in women's correctional facilities.
Our clients describe living with constant fear and anxiety as they are forced to share living quarters, bathrooms, showers, and other intimate spaces with men. Some have experienced sexual harassment and intimidation. Others have altered their daily routines to avoid vulnerable situations or have suffered significant psychological distress.
Despite these allegations, the district court dismissed the case before the women had the opportunity to fully develop the evidence supporting their claims.
We respectfully disagree with that decision.
Our Appeal
In our opening brief, WoLF argues that the district court applied the wrong legal standards and overlooked the continuing constitutional injuries suffered by our clients.
The district court concluded that many of the women lacked standing because they had not suffered a sufficiently imminent injury. But our appeal explains that the constitutional harm is not confined to isolated incidents in the past.
Women continue to live under a policy that forces them to navigate intimate spaces with male inmates every day. The ongoing loss of privacy, dignity, and security is itself a continuing injury - one that deserves to be heard in court.
This case is not about speculation. It is about the reality of daily life inside California's women's prisons.
The importance of this case has only grown since it was filed. One of the male inmates who intervened to defend California's policy, Tremaine Carroll, is now awaiting trial on charges of raping two women incarcerated with himat the Central California Women's Facility. These allegations underscore exactly why WoLF's clients brought this lawsuit in the first place. Women should not be forced to bear the risk of sexual violence created by policies that house men in women's prisons.
Constitutional Rights Apply to Women Too
One of the central themes of our appeal is simple: The Constitution protects incarcerated women just as surely as it protects everyone else.
The Eighth Amendment prohibits prison officials from acting with deliberate indifference to substantial risks of serious harm. Courts have long recognized that prison officials have a duty to protect incarcerated people from foreseeable dangers.
That duty applies to women as well.
One of the leading Supreme Court cases recognizing prison officials' obligation to protect vulnerable inmates - Farmer v. Brennan - involved a transgender-identifying prisoner. The same constitutional principles that require officials to protect one vulnerable population also require them to protect women from foreseeable risks created by housing men in women's prisons.
California cannot protect one group of inmates by disregarding the constitutional rights of another.
Women Are Entitled to Equal Protection
Our appeal also asks the Ninth Circuit to recognize that California's policy treats female prisoners differently than similarly situated male prisoners.
Men continue to receive the benefit of sex-separated housing, while women do not.
The Equal Protection Clause does not permit the government to diminish one group's constitutional rights in order to elevate another's. Women remain entitled to equal protection of the laws - even while incarcerated.
This Appeal Matters Beyond California
The issues raised in Chandler extend far beyond a single state's prison system.
Across the country, courts are increasingly being asked to decide whether longstanding sex-based protections can be replaced by policies based solely on “gender identity”. These cases affect women's prisons, domestic violence shelters, sports, sororities, overnight accommodations, and other intimate spaces where privacy and safety matter.
Time and again, WoLF has stepped forward to ensure that courts hear directly from the women whose rights are affected.
Chandler is another important chapter in that work.
The Fight Continues
We are not asking the Ninth Circuit to decide the entire case today. We are simply asking for the opportunity to present our evidence and have our clients’ constitutional claims heard on the merits.
WoLF remains committed to pursuing justice, safety, and dignity for Tomiekia, Cathleen, Janine, Chanel, Nadia, Krystal, and all women incarcerated in California's prison system.
We are grateful to our supporters who make this work possible. Your generosity allows WoLF to continue fighting for women whose voices are too often ignored.
If you believe women deserve equal protection under the law - even behind prison walls - please consider making a donation to support WoLF's legal advocacy. Together, we can continue defending the sex-based rights of women and girls in courts across the country.