Raven v. Polis

In November 2019, Transgender Law Center (TLC), Greisen Medlock, LLP, and Arnold & Porter filed a class action lawsuit on behalf of all transgender women who are or will be in the custody of the Colorado Department of Corrections (CDOC). The lawsuit claims that the CDOC has discriminated against transgender women solely on the basis of their gender identity and that these women have been subjected to unsafe situations, including severe sexual harassment, physical violence, and rape.

There are about 170 trans women in Colorado incarcerated in men’s prison, subjecting them to horrific abuse. The lawsuit states that the Colorado Anti-Discrimination Act and the Colorado Constitution mandate that CDOC must provide transgender women the same rights and privileges afforded to other people in their custody. This includes housing that ensures that trans women are housed in a safe way that respects their identity, and that they are provided necessary medical and mental care.

The seven women represented in the lawsuit have gender dysphoria, which courts have recognized as a condition that warrants disability rights. The lawsuit explains that gender dysphoria can result in severe depression and anxiety.

You can read the complaint and our press release at the links below.

Update: In March 2024, the judge approved a Consent Decree to enact comprehensive policy changes, including providing gender-affirming healthcare in line with community standards and establishing two new housing units: an “Integration Unit” at a women’s prison intended to temporarily house transgender women as they transition into the women’s general population as well as a “Voluntary Transgender Unit” at a men’s prison for transgender women who prefer to be housed together. CDOC will work with outside experts in transgender health to implement the consent decree by the end of 2024. TLC will continue to be involved with implementation, and the Consent Decree will remain in place until at least 2029. Read more here.