Impacts of Gender Self-Identification on Incarcerated Females: How Washington State Law Widens a Knowledge Gap

In an effort to mitigate the elevated rates of sexual abuse reported by transgender adults incarcerated in state prisons, Washington State Department of Corrections has implemented policies that prioritize gender self-identification over birth-registered sex when making housing decisions. This has resulted in the transfer of males to the Washington Corrections Center for Women along with reports of negative impacts on incarcerated females. Any policy problem of unknown magnitude requires formal data collection and analysis. Washington State law, including one known as House Bill 1956, obstructs this process by preventing public access to information needed to evaluate the outcomes of incarcerated males and females of diverse gender identities. The Centers for Disease Control and Prevention has issued steps to ensure a fair and transparent policy process. To understand population-specific outcomes after a policy's implementation, health authorities recommend that demographics inclusive of sex and gender be collected, analyzed, and made available to stakeholders. Recommendations to balance the safety of vulnerable groups in Washington State detention facilities may require the expertise of a dedicated policy organization to navigate the legal and ethical challenges introduced by the law.