Bill would protect female prisoners from transgender males

Sen. Tom Cotton, R-Ark., on Wednesday proposed a bill that would ban judges from considering an inmate’s so-called gender identity for making sentencing decisions. The law would also prohibit men who claim to be women from being housed in female-only prisons and would withhold federal funding from states that continue placing men in women’s facilities.

What prompted the legislation? Cotton introduced the bill nearly one week after a man who planned to assassinate Supreme Court Justice Brett Kavanaugh received an eight-year prison sentence. Nicholas Roske in 2022 purchased weapons and traveled from California to Kavanaugh’s neighborhood in Maryland. Judge Deborah Boardman said she gave the would-be killer a lighter sentence because he chose not to go through with his plan and called police instead.

The U.S. Justice Department had sought at least 30 years in prison for Roske, who identifies as female and uses the name Sophie. The department plans to appeal the decision. Boardman’s ruling drew criticism from Sen. Cotton and other lawmakers who claimed she gave the defendant preferential treatment because of his gender identity and mental health issues.

Dig deeper: Read Christina Grube’s report about Roske’s guilty plea in the case.