According to the Prison Rape Elimination Act (PREA), what defines transgender?

The definition of transgender according to the Prison Rape Elimination Act (PREA) centers on an individual's gender identity in relation to their assigned sex at birth. A transgender person is someone whose gender identity does not align with the sex they were assigned when they were born. This understanding acknowledges the complexities of gender and emphasizes the significance of how individuals perceive themselves in terms of gender, rather than how they may appear or what surgical procedures they may or may not have undertaken.

This definition is particularly relevant in contexts such as incarceration, where understanding an individual’s gender identity can inform appropriate policies and practices to ensure safety and respect for all individuals. Recognizing transgender individuals based on their self-identified gender provides a framework for ensuring their rights and protections under the law.