Joseph J. Roybal, Sheriff, El Paso County, Colorado, et al. v. Darlene Griffith
1. Whether a transgender inmate's challenge to sex-based prison policies is subject to heightened scrutiny under United States v. Virginia, 518 U.S. 515 (1996), as the Eighth, Ninth, and Tenth Circuits hold, or subject to the deferential standard of "reasonable relationship to legitimate penological interests" under Turner v. Safley, 482 U.S. 78 (1987), as the Second, Fourth, and D.C. Circuits hold.
2. Whether a rule prohibiting cross-identified gender strip searches in prisons is contrary to the flexible and deferential rule adopted in Bell v. Wolfish, 441 U.S. 520 (1979), and reaffirmed in Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. 318 (2012).
Whether a transgender inmate's challenge to sex-based prison policies is subject to heightened scrutiny or a deferential standard of review