A federal judge temporarily blocked a presidential order that would halt gender-affirming care for a transgender woman inmate and force her transfer to a men’s prison, her lawyers said Thursday.

The inmate — called Maria Moe — sued the Trump administration for its January 20 executive order that prohibits male-born individuals from being detained in female federal prisons and vice versa. The order also mandates that”[f]ederal funds shall not be used to promote gender ideology.”

In the complaint, Moe’s attorneys argued that the order would cause Moe irreparable injury and violate the Fifth Amendment’s Equal Protection Clause:

[The order] require[s] [federal agencies] to treat incarcerated people differently depending on their sex… [W]omen who are not transgender can go on living in a women’s facility, while otherwise similarly situated transgender women must be transferred to a men’s facility based on their birth sex… Under the Fifth Amendment, sex classifications are subject to heightened scrutiny and are presumptively unconstitutional.

Plaintiff’s attorneys also argued that the order violates the Eight Amendment, subjecting Moe to “known and substantial risk of serious harm” in men’s prison, and intentionally denying Moe access to “serious need for medical care.” Finally, the lawsuit alleges the order violates the Rehabilitation Act of 1973 and the Administrative Procedures Act.

After years of detainment in a women’s facility, Moe has been removed from general population and placed in a special holding unit pending transfer. Prior to the order, the Bureau of Prisons had granted Moe access to gender-affirming medication.

Attorneys highlight many risks the transfer poses for Moe, including increased risk of depressive and suicidal behavior and an increased risk of becoming a target for rape and sexual assault:

[T]ransgender women housed in men’s prisons face near constant sexual harassment and extremely high levels of violence and sexual assault… A 2013 study by the Department of Justice estimated that nearly 35% of transgender inmates in state and federal prisons were sexually assaulted between 2007 and 2012.

The lawsuit reflects clashing views on sex and gender identity in the US. On the campaign trail, President Donald Trump spent millions on anti-transgender messaging and has argued that denying the “biological reality of sex” has a corrosive effect on “scientific inquiry, public safety, morale, and trust in government itself.

Conversely, proponents of transgender rights argue that individuals who experience gender dysphoria comprise a discernible portion of the population and face real health risks as a result of the condition. Extensive medical and social research supports the claim that gender dysphoria is a recognizable medical condition.

Legally, opponents of the administration’s stance sometimes cite the 2020 Supreme Court decision Bostock v. Clayton County. In that opinion, the Court ruled that homosexual and transgender discrimination are effectively equivalent to sex discrimination, which is prohibited under the Civil Rights Act of 1964.

The Trump administration has directed the future attorney general “to correct the misapplication of the Supreme Court’s decision … to sex-based distinctions in agency activities.”

In addition to Moe’s complaint, three other transgender inmates have filed a separate lawsuit against the administration in a separate district court.