Abstract Book of the 3rd Global Conference on Gender Studies
Year: 2025
[PDF]
An Intersection of Health and Housing for Transgender, Non-Binary, and Intersex People in California State Prisons
Zoe Seibert
ABSTRACT:
The U.S. prison system is binary focused, resulting in prisons across the country often not recognizing intersex and non-binary incarcerated individuals. Although this population exists in prisons, their experiences are not well-studied. This paper examines housing policy, specifically the Prison Rape Elimination Act (PREA) and what it includes and excludes about non-cisgender people in prison, how legislation creates negative health outcomes associated with unmet housing needs, and possible solutions for improving the wellbeing of transgender, non-binary, and intersex individuals in California state prisons after the state’s recent implementation of Senate Bill (SB) 132. On January 1, 2021, (SB) 132, The Transgender Respect, Agency, and Dignity Act, took effect granting incarcerated people the right to choose to be housed in male or female prisons, regardless of anatomy, and to be searched in a manner consistent with their gender identity. Through a policy analysis of secondary literature and interviews with gender nonconforming people in prison, this paper argues that non-cisgender people’s right to gender-affirming housing should be guaranteed, and their choice should always be prioritized unless it poses immediate danger to themselves or others.
Keywords: criminal justice system, California Senate Bill 132, Prison Rape Elimination Act, LGBTQ+, incarceration