Opinion
S275008
08-17-2022
KAKOWSKI (BRIAN) ON H.C.
D080001 Fourth Appellate District, Div. 1.
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division One, with directions to issue an order to show cause
The petition for review is granted.
The matter is transferred to the Court of Appeal, Fourth Appellate District, Division One. That court is ordered to vacate its summary denial dated May 27, 2022, and is further ordered to issue an order to show cause, returnable before that court. The Secretary of the Department of Corrections and Rehabilitation (the Department) is to be ordered to show cause why petitioner is not entitled to relief on the following ground: the Department's policy prohibiting cisgender inmates who are housed at male institutions access to the toiletries and hygiene products specified in the petition - while simultaneously allowing such access to transgender inmates and inmates having symptoms of gender dysphoria housed at male institutions - violates the equal protection clauses of the state and federal Constitutions. (Cal. Const., art. I, § 7, subd. (a); U.S. Const., 14th Amend.; Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Jenkins, and Guerrero, JJ.