Today, on February 27, 2025, the ACLU of Colorado sent a letter to Colorado sheriffs and county attorneys asking they confirm they do not have or immediately rescind jail policies, whether formal or informal, that treat incarcerated transgender people differently than their cisgender peers. The letter comes in response to a recent decision from the Tenth Circuit, Griffith v. El Paso, that found jail policies classifying incarcerated transgender people inconsistent with their gender identity are presumptively unconstitutional and subject to heightened scrutiny under the equal protection clause of the Fourteenth Amendment.
“All trans people deserve to be treated with dignity. The Tenth Circuit’s recent decision affirms this,” said Tim Macdonald, ACLU of Colorado Legal Director. “Now, as federal actors threaten to cause trans people extreme harm and distress, local and state law enforcement must reaffirm their commitment to equal protection under the law.”
