Transgender woman sues Washington state corrections department over placement in men’s facility

A transgender woman serving a life sentence at the Monroe Correctional Complex is suing the Washington Department of Corrections over her placement in a men’s unit. She and her lawyers argue that her recent relocation from a women's prison is a violation of the state’s constitution, and are seeking her return to the Washington Corrections Center for Women.

Amber Kim was relocated from the women’s facility in June, soon after breaking prison rules prohibiting consensual sex between prisoners. According to her lawyers with the American Civil Liberties Union of Washington, in Kim’s three years at the women’s facility, there had been 33 other instances of the same infraction but none resulted in a comparable level of consequence.

“Why is it that prisons don't allow people to share, to be caring towards each other, to have love, to build positive, supportive friendships?” Kim said in an interview with KUOW.

She added that she doesn’t feel safe at the men's prison. In court documents, she describes multiple accounts of being sexually propositioned and threatened with sexual assault, in addition to being beaten and called slurs.

“The biggest difference is violence in the men's prison,” Kim said. “Any conversation that goes awry, any type of conflict, any disagreement of any sort — it doesn't matter how small. It can, in an instant, turn into a fight.”

Kim’s lawyers argue that her placement at the men’s prison is discriminatory, saying it violates Article I, Section 14 of the Washington State Constitution, which prohibits cruel punishment.

“They have to remedy her cruel conditions, and there are only two ways to do that: Either return her to the women's prison, or release her from prison,” said Adrien Leavitt, a lawyer from the American Civil Liberties Union in Washington who helped Kim file the Personal Restraint Petition. That petition is now in front of a state judge.

“If [female inmates] don't know or don't care that I'm trans, they're still going to treat me just like a random woman, and I am perfectly fine with that,” Kim said. “That's actually all I'm asking for.”

Prior to being housed at the Washington Corrections Center for Women, Kim had spent time at a men’s prison where she began transitioning. In 2023, she was aided by a lawsuit filed by Disability Rights Washington, which resulted in the Department of Corrections having to adopt standards set by the state health authority for gender-affirming care. That includes access to hormone treatments, surgeries, and private bathing and changing areas.

For her part, Kim has chosen to live in solitary confinement at the men's prison as she seeks gender-affirming care. That includes an orchiectomy, breast augmentation, electrolysis to remove unwanted hair, and potentially bottom surgery.

There are 280 transgender prisoners statewide, according to the Washington Department of Corrections, and 10 of them are currently in gender-affirming housing at the Washington Corrections Center for Women. That means most don’t have gender-affirming imprisonment.

“Transgender women often state they prefer to be housed with men. Many have created community in the men’s prisons and do not wish to leave,” said Chris Wright, a spokesperson for the Washington Department of Corrections said.

Wright said the department wouldn’t comment on the lawsuit, but added that the its policy is to decide who stays where on a case-by-case basis. Such considerations include a person’s gender identity, mental and physical health assessments, and transfer requests reviewed by several multidisciplinary teams, he said.