MN Bill Excludes Transgender Inmates From Shakopee Women’s Facility

ST. PAUL, MN — A Republican-backed bill introduced in the Minnesota House mandates that the state house only biological females at the women's prison in Shakopee while excluding transgender inmates.

Additionally, HF 435 stipulates that any nonbiological females currently housed at Shakopee must be transferred to another facility within seven days of the law's enactment.

Rep. Mary Franson is the bill's chief author.

The bill comes after Christina Lusk, a transgender individual who sued the Minnesota Department of Corrections (DOC) over treatment in prison, reached a settlement in 2023 that includes a transfer to the state's women-only Shakopee prison and access to gender-related surgeries.

Following that settlement, trans rights advocates say that the bill is unlawful. Denying this right, they assert, would violate both the Minnesota Human Rights Act and the state constitution.

"This is yet another patently illegal anti-trans bill, instructing the Department of Corrections to violate the Minnesota Human Rights Act and state constitution," Iman Hassan, advocacy director at Gender Justice, said in the statement.

"By advancing this bill, lawmakers are willing to disregard decades of anti-discrimination protections to score cheap political points instead of addressing real issues facing Minnesotans. People who are incarcerated still have human rights. Trans women are not a threat in prisons; rather, they are statistically more likely to be victims of violence and harassment. This deeply dangerous legislation puts vulnerable individuals at even greater risk. We urge lawmakers to reject this harmful bill and reaffirm their commitment to upholding the rights of all Minnesotans."

Current Minnesota DOC policy is to allow transgender individuals to request placement at a facility that aligns with their gender identity.

But advocates of the bill say such policy puts women at higher risk of harm.

"Incarcerated women have a right to serve out their sentence in a safe environment, free from incarcerated male access," Rebecca Delahunt, director of public policy at the Minnesota Family Council, wrote to lawmakers in support of the bill.

"Incarcerated women at Shakopee now face high risk of sexual violence, a punishment which was not a part of their sentencing."

The Minnesota House Public Safety Committee will hold a hearing on the bill Tuesday.